Assault Arrests Can Happen Fast. One quarrel, one fight, one report, and you might be handcuffed and charged with a crime. Then many people ask the same question: When Do You Need an Assault Attorney? It’s an easy solution. Hire an attorney immediately after your arrest. Getting early legal aid offers your lawyer more time to evaluate the case, preserve your rights and plan your defense. Waiting may seem easier at first. Usually it isn’t. David Benowitz defends people facing criminal charges. At Platinum Criminal Defense Law Firm, David Benowitz has a proven track record of battling for his clients and years of experience in trial.
Don’t Delay Until First Court Date
Some people assume they don’t need a lawyer until they go into a courtroom. That’s the classic mistake. Your defense may begin before your first hearing. An assault lawyer can examine the charge and tell you what could happen next. They can also assist you in understanding release terms and court dates. The first few days can count for a lot. Witnesses forget information, statements are changed and evidence is lost. Seek legal assistance early to help you avoid easy mistakes.
Why Timing Is Important After an Assault Arrest
You are not guilty just because you are arrested. It indicates that law enforcement agencies say they have enough reason to charge you. Your lawyer will need time to test that allegation. They can look at:
- Police reports
- Testimonies
- Security footage
- Body camera video
- Pictures from the scene
- Medical Record
- Text messaging
- Other event-related records
A lawyer can’t object to evidence he doesn’t know about. That’s why an early case review may be so valuable. The truth is, sometimes little nuances can affect the whole picture.
What if you believe the arrest was wrong?
You may feel outraged once you are arrested. That’s OK. You may choose to call the accuser. You might like to tell the cops all about it. You may even wish to put your side of the story on the internet. Don’t make those selections on the fly. Words can be the situation. A text sent in fury can look very different in the courtroom. Talk to a Criminal Defense Lawyer before making any statements about the incident. Your lawyer can clarify your rights and enable you to choose a safe way forward legally.
Your lawyer can begin building your defense
He/she can start gathering facts after hiring an assault attorney. They talk to witnesses, look at records. They can compare those facts to the police report and to what the prosecutor said. The defense has various concerns to focus on. For example, you might be able to claim self-defense. Maybe you were a case of mistaken identity. Maybe it was an accident. The evidence may also be insufficient to sustain the charge. Each case has its own unique story. A smart lawyer doesn’t try to force every case into the same mold. They look at what really transpired.
What if the other person is hurt?”
Injuries might be added on to a case of assault. Still, an injury is hardly the complete tale. Your attorney may question how the injury occurred. They may look at medical records, pictures, witness statements and video recordings. For example, you were attempting to get away and someone got harmed in a fight. That injury in itself doesn’t tell you who instigated the fight.” The context of the injury is important.
Can an Assault Lawyer Assist Before Charges Are Filed?
Sometimes people call a lawyer before they get arrested. That’s often a good idea when they know cops are on their tail. Legal guidance early in the process can preserve your rights during an investigation. Your lawyer can also tell you what to say and what not to say. If charges have already been filed, do not panic. You get to a lawyer immediately and tell him the facts. The faster your lawyer gets up to speed on the matter, the faster they can start working on it.
What happens at your first meeting?
You usually get to know an assault lawyer through the facts. Your lawyer might ask:
- What were the conditions preceding the incident?
- Who was there?
- Has anyone written down what happened?
- Did you get hurt?
- Did the cops question you?
- Did you get arrested on the scene?
- Did you get court papers?
- Do you have any court orders against you?
Be real. Tell your lawyer the good facts and the bad. Your lawyer needs the whole story. Much harder to deal with surprises later.
Do Not Delete Messages or Evidence:
When some people get arrested they panic and start erasing stuff. Don’t do that. Preserve any documents, emails, photographs, videos and other records relating to the case. Even if it doesn’t seem helpful, it can provide useful context for your attorney. Don’t ask friends to remove posts, either. Hold what you have. Let your lawyer decide what matters.
What if there is a restraining order?
Courts may make regulations following arrests for violence. These guidelines may include limitations on contact with the suspected victim. Give them credit. If you have been told by a court not to contact someone, do not send a hasty apology or have a friend to send a message on your behalf. And that may lead to a further legal issue. Your lawyer can advise you of the particular terms of any court order and what it means for you.
Why Do You Need a Seasoned Defense Attorney?
There are a lot of steps in a criminal case. There are hearings, discovery concerns, discussions and sometimes a trial. Experience counts when those steps start adding up.” David Benowitz is a criminal defense attorney at Platinum Criminal Defense Law Firm. He is AV rated by Martindale-Hubbell and has a perfect 10 rating from Avvo. He is also a member of the National College of DUI Defense and teaches at Harvard Law School’s Trial Advocacy Workshop. That background is a long history of courtroom advocacy and criminal defense.
Don’t Delay Getting Legal Help
Maybe you’ve been arrested for violence and you’re not sure what to do. Maybe you don’t know what to say or who to trust. You don’t need to do it all by yourself. Contact an assault attorney as soon as you can. Bring your papers and tell what occurred. Keep all records and comply with all court orders. Most importantly, don’t assume the outcome but take the charge seriously. Arrest is not conviction. Your attorney can look over the evidence, challenge weak claims and fight for the best result possible under the facts and the law.
FAQ
1. When should you hire an assault lawyer after an arrest?
Get in touch with an assault lawyer ASAP. Seeking early legal advice helps safeguard your rights and allow your lawyer to analyze the evidence before crucial information are lost.
2. Do I need a lawyer for a small assault charge?
Yes you should still take the charge seriously. Even facing a low-level assault offense can impact your record, your work or your future ambitions. A lawyer can explain your legal options and the risks.
3. What should I bring to my initial meeting with an assault attorney?
Take your arrest papers, court notices, protective orders and other case records. Also include pertinent texts, images, videos or names of those who observed the incident.
4. Should I speak to the individual who accused me?
“Don’t speak to that person without talking to a lawyer first. A judge may have ordered a no-contact order and even an innocent message could cause extra difficulty.
5. Will an assault attorney help me if I acted in self-defense?
Sure. Your attorney can evaluate the circumstances and see if self-defense might apply. Usually the major concerns are who started the dispute, what the threat was, and how much force was employed.
