An assault arrest might have you afraid, angry and unclear about what’s next. One moment can lead to handcuffs, a police station, a court date. So what happens after the arrest? The answer depends on the facts and the law in your state. But most assault cases go through a rudimentary course. An expert assault attorney can guide you through each phase and assist safeguard your rights every step of the way. David Benowitz is a criminal defense lawyer at Platinum Criminal Defense Law Firm. He has years of trial expertise and proven ability to defend clients. He’s focused on establishing a case on facts, not snap judgments.
First, we have the booking process
Following an arrest for assault, the person is normally taken by police to a station or jail. This process is called booking. Officers can document basic data regarding the arrest throughout the booking process. They can take fingerprints, photos and personal information. They could also record the claimed offense and add the case to their system. You may have to wait for a judge. That wait can seem like an eternity. Don’t freak out. You might have been arrested, but that doesn’t mean your case has been determined. An arrest is a charge. This is not the same as a guilty finding.
Then You Can Be Brought Before a Judge
The individual arrested is usually brought before a court shortly after the arrest . This depends on local legislation and court norms. The judge may review the charge and decide if the person can go while the case continues. Subject to conditions. For example, the court could require someone to:
- He said he was a victim, but he was no victim.
- Follow travel restrictions
- Stay away from some people and locations
- Please attend future court hearings.
- Other Release Terms Follow
Breaking a court order could get you into more legal trouble. Take these terms seriously, even if you think the charge is not true.
What Happens to the Assault Charge?
Prosecutors vet cases after each arrest. They can examine police reports, witness statements, video, pictures, medical records and other evidence. And they can go various paths. The prosecutor may proceed with the charge. Depending on the evidence, they may amend the charge . Charges are dismissed sometimes. This is where a Criminal Defense Lawyer can really come in handy. A lawyer can look at the evidence and discover difficulties that are not obvious to the outsider.
Don’t expect the police report to tell the whole story
Police reports can be quite convincing. After all, they are written by soldiers. But a report is just one account of what happened. An officer may have come after the event. A witness may have merely observed part of the incident. The camera can reveal an omission in the report. Details count. Your lawyer could compare the police report to additional evidence, like:
- CCTV footage
- Phone messages.
- Pictures
- Witness testimonies
- Health records
- Body-camera footage
- Other accounts of the event
“One detail missing can change the look of a case.
Your Lawyer Might Consider Self Defense
There are physical fights you don’t have to be guilty about. Self-defense is when a person uses legitimate force to protect themselves. Rules vary from state to state . And facts make a big difference . Your lawyer may question what happened just before the claimed attack. Who started the fight? Was there danger? Someone trying to go? How hard was the pressure? Those queries can help inform the defense. A fast police statement might make an occurrence look straightforward. Life doesn’t generally work like that.
Witnesses Can Help or Hurt
Witnesses are often of great importance in situations of assault. You may be the one who began the fight. Someone else might remember something else entirely. Some witnesses would only have observed a few seconds of what was going on. Memory can also be altered under stress. A defense lawyer might examine what witnesses stated and find inconsistencies between their versions. Your lawyer might also talk with anyone who saw what happened but weren’t notified by authorities. That can bring a much richer picture to the case.
Your case might not go to trial.
Most people think of a “criminal charge” as a full courtroom with jurors. That’s not always the case. Some assault cases are resolved before trial. Depending on the evidence, an attorney may be able to negotiate with the prosecution for a plea bargain to a lesser charge or some other disposition. Other cases demand a vigorous trial defense. Your lawyer should discuss the options with you and the risks involved with each. The proper move relies on the evidence, the charge and your goals.
What to Do After an Arrest for Assault
What you do next counts. Don’t talk about the situation with the alleged victim. Don’t dispute the case through text messages or social media. Do not erase communications, images or any records relating to the incident. Above all, do not speculate on your legal rights. 1. Contact a criminal defense lawyer as early as possible. Early legal advice offers your lawyer more time to evaluate the case and preserve important evidence. David Benowitz of Platinum Criminal Defense Law Firm is dedicated to delivering effective criminal defense at affordable prices. He holds an AV rating from Martindale-Hubbell and has received a 10 rating from Avvo. He is a member of the National College for DUI Defense, and he teaches trial advocacy at Harvard Law School.
Stay Calm But Seriously Take The Charge
Being arrested for assault can transform your life in the blink of an eye. That is a natural reaction. Nevertheless, an arrest does not determine the final conclusion. What happens next matters. Evidence counts. Your defense matters. An skilled assault lawyer can help you understand the charge, safeguard your rights, fight weak evidence, and prepare for court. Getting clear legal guidance early will help you prevent mistakes that can damage your case later on.
Common inquiries
1. What occurs right after an assault arrest?
You may go through the booking process prior to seeing a judge. The court can then decide if you can be released during the case. The exact method is governed by local rules.
2. Can an assault charge be dismissed following an arrest?
Yes, sometimes a charge can be dismissed. A prosecutor can conclude there isn’t enough evidence to move forward. Your lawyer can look at the case and point up issues with the evidence.
3. What if the police arrest you and accuse you of a crime?
If there is a no-contact order by the court, it is best not to have any direct contact. Even a pleasant note can cause complications for your case.
4. Can I get lawyer help before my first court date?
Yes. The lawyer can look at the charge, explain your rights, look at the early evidence and prepare for the first hearing. Good guidance early on might also help you to avoid costly blunders.
5. Will all assault cases be tried?
No. In certain circumstances the matter is resolved by dismissal, negotiation or other legal action. Others are tired. The optimal option depends on the facts and evidence of your case.
