Assault charges are a serious thing and extremely stressful to have hanging over your head, especially if you have never dealt with the law before. In moments like these, when frustration sets in your life, a criminal lawyer can help by providing expertise, guidance, and representation while helping protect your rights for the best possible outcome. This article explores what one might expect from hiring a criminal lawyer for an assault charge, from the first consultation to an overview of the legal process and how a lawyer can help a defendant in building a strong defense.
The Initial Consultation
The initial consultation marks the beginning of hiring a criminal lawyer regarding an assault case. This meeting will give you the chance to discuss the details of your case, ask questions, and even find out whether or not the lawyer is good for you. In the course of this consultation, he will be interested in knowing the circumstances surrounding the assault, what evidence may be available, and a little background about yourself. After that, they will explain the entire process of the court, the possible consequences, and how they can help.
Be as forthcoming and candid as possible since the information derived will enable the lawyer to evaluate the case and come up with a strategy. The lawyer will also go over their fees and payment structure so you know what kind of financial commitment you are getting into.
Understanding the Legal Process
Once you engage a criminal lawyer, he or she takes you through the stages of the legal process. The stages may vary depending on your case but often have the following sequences:
Investigation and Discovery
The first things the attorney will do include investigating the case by collecting evidence, interviewing potential witnesses, and even requesting a police report of what took place. The Discovery is a stage where both the prosecution and the defense are forced to share their evidence or whatever information they may have regarding the case. At this stage, your attorney is looking for defects in the prosecution’s case based on the evidence presented.
Pre-Trial Motions and Hearings
There will be several pre-trial motions and hearings before a trial. Your attorney may file motions to dismiss the charges, suppress evidence, or change of venue if he or she feels such a move would result in a fair trial. These motions are important in that they set the basis on which the case will take. Sometimes, these motions can lead to reduced charges or a total dismissal of all charges.
Plea Bargaining
Where appropriate, your lawyer may be able to negotiate a plea bargain with the prosecution. You agree to plead guilty to a lesser charge, and in return, you receive a lighter sentence or other concession. Your lawyer will advise you whether accepting a plea bargain is in your best interest by weighing the likely outcome of a trial against the plea bargain.
Trial Preparation
If your case goes to trial, then the majority of an attorney’s time is spent in preparation. This includes but is not limited to, developing a theory of defense, further investigation to secure evidence, preparation, and interviewing of witnesses, and even mock trials to prepare for the arguments of the prosecution. Your lawyer will also be preparing you for possible testimony.
The Trial
During the trial, the lawyer represents the defendant in court through the defense, cross-questioning the witnesses, and controverting the evidence presented by the prosecution. He will create reasonable doubt in the minds of the jury or the judge to get acquitted or a result favorable for his client.
Building a Solid Defense
One major characteristic of a good criminal attorney is that he will take the time to develop a solid defense fitted for the specific facts and circumstances of your case. Here are some of the common defense strategies that may be used in assault cases:
Self-Defense
Probably the most common of all the defenses in assault cases is self-defense. Your attorney will have to show that you reasonably believed you were in imminent danger, and the force used was necessary for self-protection.
Defence of Others
This defense is similar in scope to self-defense, with proof that one has acted in defense of another person against an imminent attack. Your lawyer needs to prove that you reasonably believed the person that you defended was in imminent danger and that your actions were necessary to prevent harm.
Lack of Intent
In many instances, your lawyer will be able to argue that you did not possess the intent to commit harm to another individual, which often is a core aspect of many assault charges. This could be applicable if it were an accident or in case there has been a misunderstanding of your actions.
Alibi
An attorney may use an alibi defense if one can prove one was not at the scene of the alleged assault. It means arguing based on evidence, which may be a sworn statement of someone or surveillance footage, that puts you somewhere else during the time the crime was commit
Consent
Sometimes, if not always, it could be argued that the alleged ‘victim’ consented to the activity that led to the assault charge. An example would be that those who take part in a sporting nature or even physical activities give consent to some form of contact. This would be an issue where your lawyer must show the court that the supposed victim freely and willingly took part in the activity at hand and with full understanding of the acknowledged risks involved.
How Your Lawyer Can Assist You
The job of your lawyer is to protect your rights and argue your case from the very beginning right through to the end of the trial. He will assume responsibility for direct communication with the police, prosecution, and the court to present your case as favorably as possible. Your lawyer will also give you emotional support through the stress and uncertainty of being up on assault charges.
Conclusion
Conclusively, hiring a criminal lawyer for assault charges is important in protecting your rights and getting a fair hearing. Knowing the process of the law will help, coupled with your cooperation with your lawyer, and being proactive in your defense. This improves your chances for a favorable result through negotiation, plea bargaining, or trial, whichever the case may be, with a good criminal lawyer fighting for the best result possible for your case.
