An assault charge can be life-altering. It can be stressful even if you know the allegations are unfounded. You may fear jail, job loss, stressing your family, and ruining your reputation. Being accused of something doesn’t mean you’re guilty of it. Everyone deserves to combat accusations. An experienced assault lawyer will immediately claim such rights. You must be very careful with false or disputed assault claims. The police report may be inaccurate. Witnesses may also have a different recollection of events. Sometimes that contradicts video or text messaging. This is when a criminal defense attorney shall examine these facts and develop the best defense possible regarding these facts. David Benowitz of Platinum Criminal Defense Law Firm has years of experience in criminal defense, particularly for clients accused of serious crimes. He prides himself on defending the interests of his clients and fighting for a just result.
Why You Need a Strong Defense to False Assault Charges
Assault charges are serious business in the U.S. legal system. They can involve fines, jail time, probation or other court-directed items, depending on the circumstances. Even a charge that does not result in a conviction might be damaging. They may question your record as an employee. Friends and family may only hear one side of the story. They could tarnish your name before the court knows what happened. Some charges stem from actual mistakes. Others may come from rage, fear, or personal vengeance. And an emotional discussion may lead to overlooking details pertinent to the allegations. An assault attorney isn’t going to believe you on your word. He or she examines the facts, examines the evidence, probes for gaps in the opposition’s story, and so on.
First, the lawyer listens to your version of events.
A good defense begins with a detailed statement of what transpired. At some point, you’ll have to tell the story to your lawyer without the stress of judgment as well. What is most important is being clear, therefore tell the truth even if it seems trivial. Minor details may be important later. Your lawyer can’t put up a good defense if he or she doesn’t know the whole story. Your lawyer will ask questions such as:
- Who was there and where the incident took place.
- What transpired before, during, and after the alleged assault.
- Whether anyone else saw the entire incident.
- Any texts, calls, pictures, or videos related to the conflict.
- If you were trying to protect yourself or someone else.
It also informs your lawyer what facts should be developed more. Don’t hide facts and don’t guess facts if you’re not sure about them.
Legal Proof: What Are the Duties of Lawyers?
Now comes analyzing the evidence of the charge. Police records provide one side of the narrative, but it is not necessarily the complete picture. Assault lawyers can examine all sorts of evidence. Each type of evidence can assist in building the facts and strength of the charge.
- Witness statements: Witnesses to the occurrence can provide valuable testimony. Your attorney seeks contradictions, inconsistencies, and revisions, as well as information that conflicts with other statements.
- Video evidence: Security camera video, cell phone video, and dash cam footage can help clarify what happened. Such film may corroborate your story or disprove the claim.
- Text messages and calls: While text messages received before or after an occurrence may reveal the nature of the event. They may also expose pertinent emotions, threats, or plans.
- Medical records: Injury records may reveal what the injury was, when it hurt, and what caused the alleged injury. They don’t always provide a reason of an injury.
- Police reports: Your attorney looks at methods of fact gathering by officers and if reports are consistent with other evidence.
All the evidence should be considered as a whole. A vague detail may not be ultimate, but many may be ultimate.
If the Story Is about Self-Defense
Not All Touching Is Assault. They may have used appropriate force to defend themselves or someone else. Laws on self-defense vary from state to state. The regulations may depend on the threat, the force, and what occurred prior. For example, someone might say you started a brawl. But there may be a video showing that you were actually trying to halt an attack. Witnesses may also help substantiate your claim. Your lawyer will look at these facts and decide whether self-defense is a viable defense under the law in your area. You try to convince the court that you acted lawfully.
Dispute Any False/Inconsistent Statements.
Different people remember stressful situations differently. Fear, wrath, frightful lighting, and stress might impact what a person remembers. The lawyer looks for major inconsistencies between a person’s story and other evidence. Did the witness alter essential facts? Is the timeline reasonable? Is the physical evidence consistent with the claim? The defense may also challenge if a witness would have a reason to lie. For example, if the case involves truthfulness, then a personal disagreement or earlier argument can be relevant. But a defense attorney must argue from facts, not personal insults. The court needs specific reasons to proceed with doubt on the truthfulness of a witness’s story.
Defend Your Rights in the Case
Your actions following an assault charge can impact your defense. Do not try to resolve the argument on your own. Don’t confront the accuser to argue or make them modify their story. Do not mention the case on social media. A funny post may even be held against you. You should also:
- Adhere to all your court requirements and release conditions.
- Keep copies of letters and other important documents.
- Provide your attorney with evidence.
- Do not talk about the details of the case with anyone.
- Appear at all court hearings when ordered.
If the cops want to ask you questions, ask for a lawyer before replying. Don’t guess or answer under pressure. A criminal defense lawyer will be able to walk you through each step and make sure you are aware of your rights. Consulting an attorney as soon as possible will also allow him/her to have as much time as possible to examine evidence and preserve important documents.
So what if the case goes to court?
However, if the case does go to court, then your attorney will attempt to counter any charges the state is bringing. This may include presenting evidence, cross-examining witnesses, and submitting motions. Greco Law may also file a motion to strike evidence obtained in violation of your rights. The defense may also argue poor evidence and defects in the legal procedure. If the matter proceeds to trial, the state must establish each element of the charge beyond a reasonable doubt. Your attorney will try to prove why the evidence doesn’t reach that threshold. Not every case goes to trial. Some instances result in dismissal or a plea bargain. Your attorney discusses the dangers and options, and you decide.
The Importance of Experience in an Assault Case
In an assault case, the minor details can be the big difference. A small audio recording, a lack of witness, or a change in a person’s story can sway things. At Platinum Criminal Defense Law Firm, David Benowitz knows what it takes to defend the accused. He holds an AV rating with Martindale-Hubbell and a 10 on AVVO. He is one of the members of the National College of DUI Defense and is an instructor for the Trial Advocacy Workshop I at Harvard Law School. Those credentials speak to his experience as a practicing trial lawyer and attorney. If you are charged with assault, you require precise advice and a careful defense. A good lawyer will go over the law with you, discuss the facts with you, and help you to make clear choices. You should know what to anticipate at every level of your case.
Dealing with Disputed or False Assault Charges
Assault charges are a highly serious charge whether it is true or not. If you wait too long, it will be more difficult to find witnesses or gather potential evidence. Don’t delay learning the facts. The police and court only respond to facts. A lawyer can get that information to challenge genuine facts. If you are charged with assault, you should obtain counsel as soon as possible to assist you with your defense. Don’t act in any way that can compromise your case; collect proof and be responsible regarding your case.
Common Questions
1. Can assault prosecution be dropped if I was falsely accused of assault?
Yes. A court may dismiss a charge if the evidence does not support the charge or if the state cannot prove the elements required.
An attorney can cross-examine witnesses, show video evidence, and find huge holes in the case. Depending on applicable law and the available evidence, the case can be dismissed.
2. What evidence will help me defend myself against a bogus assault charge?
Helpful evidence may include video, text messages, witnesses, pictures, and medical records.
The evidence required varies on the incident. A lawyer evaluates the items and decides whether they help your case or hurt the charge.
3. I am accused of an attack and I am talking to the police?
4. You should get a lawyer before you’re questioned about the situation. You have the right to remain silent and have a lawyer.
Do not speculate, lie, or argue with officers. Have your lawyer consult with you when dealing with the police and throughout any formal interview.
4. Can an assault lawyer prove a witness is lying?
A lawyer may cross-examine a witness to discredit him or her by proving that the witness’s claims are inconsistent with one setting or lack corroborating evidence.
The defense may also demonstrate bias or a personal conflict. It is up to the court to choose the weight to assign any of the witnesses.
5. When Should I Hire an Assault Lawyer if I Am Accused?
You should always speak with a defense attorney immediately upon hearing of any prospective charge against you. Early action can save evidence and avert expensive mistakes.
Your attorney can examine the facts, discuss your rights, and start working on a defense before crucial evidence is lost.
