Facing Assault Charges in the United States? What an Assault Lawyer Can Do
Being charged with an assault is scary. You may be concerned about jail, employment, family, money, and the future. First, always remember the simple fact that an arrest is not a conviction. An assault charge is an allegation that has to be proved according to the law. The rules and punishments are different in each state. So it can be a sensible first move to acquire guidance from an assault attorney. A lawyer can assess the evidence and look at what transpired to defend your legal rights. David Benowitz is a lawyer at Platinum Criminal Defense Law Firm representing those accused of crimes. He has years of trial experience and a proven track record of defending clients.
Definition of Assault?
Assault laws vary throughout the United States. In certain countries, assault can include trying to injure someone. It may also include behavior that causes dread of immediate danger. Some states have different charges of assault and battery. What matters are the facts of the charge. Not every passionate argument is assault. A physical struggle isn’t always as cut-and-dried as a police report might indicate. Context can influence how prosecutors perceive the case. That’s one reason not to assume the charge tells the whole story.
What Really Happened, by an Assault Lawyer
A criminal defense attorney doesn’t just read the charge and go. They’ll ask inquiries. Who was present? What happened first? Somebody threatened you? “Were you trying to escape?” Did someone else initiate the fight? Your lawyer may check:
- Police Blotter
- Witnesses statements
- Security camera video
- Body camera footage
- Photos
- Medical records
- text messaging
- Telephone records.
The aim is to be able to understand the whole event. A witness may remember a blow. That punch may have been caught on video… before. That information can make the case.
Your Story Matters
The police may already have taken their version of events. That doesn’t imply it’s complete. Things you may know that the officers never heard about. You might have tried to walk away. Maybe you were the first one attacked. Maybe it was an accidental touch. Maybe the wrong person has been identified. Tell your lawyer what transpired in as explicit a way as you can. Facts are not to be omitted because they are embarrassing or useless. Your lawyer needs the whole story before he or she can build a defense plan.
Self-Defense May Be a Concern
Self-defense can be a big factor in some assault situations. Rules differ from state to state. But the heart of the matter often becomes whether or not you acted properly to protect yourself or someone else from injury. Your lawyer may look at what transpired before the touching. They can inquire who began the conflict and if you had a chance to escape. And how much force is used can matter, too. The difference between someone running after someone else after the threat is gone and someone pushing someone else away when they are attacking. Those subtleties can be vital.
What if the evidence appears strong?
Don’t worry. A police report that looks good does not necessarily signify that the prosecution has a good case. Your lawyer can fight the evidence. They may discover inconsistencies in the testimony of the witnesses. They might unearth a video that says something else. They can also have issues with the evidence collection. The prosecutor must prove the charge, by law. It is the role of your defense lawyer to make sure the prosecution case is properly tested.
Witnesses are not perfect
People can remember the same incident in quite different ways. Stress can impact memory. So can distance and darkness, noise and disorder. The assault lawyer may ask the location of each witness. They can question what the person could truly see. Did the witness see the whole thing? Did they talk to anyone else before going to the police? Has their account changed since then? The questions are not meant to criticize people for no cause. They help the court determine what weight to place on a witness’s story.
Video Evidence Can Change Everything
A camera can capture something a witness missed. Security cameras can be used to view entrances, parking lot, stores, streets and other public places. A phone may have a recording, too. Your lawyer can look for accessible footage and check its timing.
- When was the recording started?
- What took place prior to the alleged assault?
- And then what happened?
Sometimes a few seconds of film can address questions that pages of explanations cannot.
An assault lawyer can contest the charge.
Your lawyer has a number of methods they can attack the prosecution’s case. The defense can challenge if you were appropriately recognized. It could argue that the purpose required did not exist. It might trigger a self-defense or other legal defense. Your attorney may also contest evidence where there are good legal reasons to do so. Not all defenses apply in every situation. The correct strategy flows from the facts, the evidence, and the law that applies where your case is filed.
Your case may settle before trial
Not every assault case is presented to a jury. Your lawyer can talk about a number of possible outcomes, depending on the facts. These can include a dismissal, lesser charges or a negotiated settlement. Some cases have to go to court. Some may urge for a different way. Your lawyer should explain the choices, dangers and possible results of each path. Before you make a huge decision, you deserve to know what you’re getting into.
What to Do After Getting Charged
What you do following an arrest can impact your case. Do not contact the alleged victim about the incident. Please don’t talk about the case on social media. Do not remove texts, images, videos or other records. Obey all judicial orders. Most importantly, immediately get an experienced criminal defense attorney talking to you. Get your attorney involved early to look at the matter, and provide you time. It also helps you avoid saying or doing things that might make matters worse.
Why experience counts
Criminal defense is more than knowing the law. Lawyers need to know evidence, judicial procedure, negotiation, and trial. David Benowitz is a criminal defense attorney at Platinum Criminal Defense Law Firm. He has experience representing people on serious offenses. Mr. Benowitz has been rated AV by Martindale-Hubbell and has a perfect 10 rating by Avvo. He is also a member of the National College for DUI Defense. He is a faculty member of Harvard Law School’s Trial Advocacy Workshop. His practice involves trial work and defense of criminal cases.
Stand Up to the Charge on Your Own
An assault charge can cause stress on all sides. It’s tempting to think the verdict is already in. It’s not. The evidence has yet to be studied. But the prosecution needs to establish its case. Your side of the story still counts. An assault lawyer can evaluate the facts, safeguard your rights, dispute weak evidence and help you understand your legal options. If you are facing charges of assault, do not wait for the situation to become harder. Get a lawyer and find out where you stand.
Frequently Asked Question
1. How can an assault lawyer help me?
An assault attorney can analyze the facts against you, clarify the charge, safeguard your rights and construct a defense. They can attend court proceedings and discuss the probable consequences of a case.
2. Is it possible to dismiss an assault charge?
Yes, some assault charges are dropped. The lawyer may identify insufficient evidence, inconsistent statements, legal concerns, or other facts which favor dismissal. The facts in each case are different from the facts in every other case.
3. What if I was acting in self defense?
Tell your lawyer the entire circumstances leading up to the fight. Your attorney can analyze the threat, your conduct, and the amount of force utilized. Self-defense will be a state law issue.
4. Do I need to talk to police after being charged?
Speak to a lawyer before providing extensive information about the matter. You have rights when questioned by the police and mistakes can cause difficulties later.
5. When do you need to engage an assault lawyer?
Contact a lawyer as soon as possible after arrest or charge. Early legal help offers your lawyer more time to analyze evidence, defend your rights and prepare your defense.