Process for New York City Assault Cases
Typically, people are arrested soon after an allegation of assaultive behavior. If it is a situation where the alleged attack was caught on video, or there are other witnesses, those investigative techniques could be utilized to make an arrest. However, many times law enforcement finds this evidence after the arrest procedure. Because many legal complexities arise during the process for New York City assault cases, it is important to reach out to a skilled defense attorney if you are facing these allegations.
After an Arrest for Assault
In New York City, after somebody gets arrested for assault, the process for their case starts with an arraignment of their charges. They are then brought in front of the judge to formally hear what specific charges they are facing. From there, the prosecutor must get the alleged assault victim to verify the facts of the situation as well as make a statement about what caused the injuries they are alleging.
Once this is complete, the prosecutor and defense attorneys attempt to negotiate a plea deal, or they may start organizing their evidence if they are planning to go to trial. If both sides negotiate a plea deal, the parties must discuss what the facts of the incident are. Both sides may ask:
- What were the actual injuries?
- What is the complainant looking for in terms of an order of protection?
- Does the complainant want the defendant to get anger management counseling?
- Was the defendant a stranger to the injured party, or do they have a relationship?
- Does the complainant want the defendant to go to jail or serve community service or both?
With this information, the prosecutor speaks to the defense attorney, and they will try to come up with a reasonable and rational way to resolve the case that is amenable to everyone. If the case is going to go to trial, the defense attorney looks for ways to try to counter the prosecutor’s arguments.
A defense attorney also may spend time preparing the defendant to potentially testify, or review the discovery provided by the prosecutor to see if there is any hope of suppression of evidence from the hearings. Using this information, an attorney prepares a defense that attempts to get a defendant acquitted.
Role of an Attorney in the New York City Assault Case Process
It is nearly impossible to face assault charges without an attorney. Any time that somebody is facing criminal charges, they are constitutionally guaranteed to have a lawyer involved, but it is important if a person is facing assault allegations to have a confident attorney.
In New York City, if a person is convicted at the end of the assault case process, they either receive a criminal record or add to their existing one. Having an experienced lawyer may potentially allow an accused individual to have a more thorough investigation surrounding the charges against them.
For instance, in a thorough review of the evidence, a lawyer may find inconsistencies in the discovery and go through the police paperwork to see how this happened. Additionally, a lawyer could assess any interviews the defendant had and any other form of evidence that can potentially be useful to a defense case. Being able to find these weaknesses in the prosecution’s case comes with experience and competency.
It is best when facing any charge, especially an assault offense which carries a social stigma, to have a trusted attorney who is going to thoroughly investigate the evidence and find something that can potentially be useful in the defendant’s defense.
Contact an Attorney to Learn More About the Assault Case Process in New York City
The process for New York City assault cases can be complex to navigate without a seasoned attorney by your side, and the consequences for such charges can be extremely difficult to face. As a result, you need to speak with an aggressive defense attorney if you are facing charges for assaultive behavior. To get started on building your case, call today.