According to the Council on Criminal Justice, violent crime, including assault, decreased in the first half of 2024 compared to the same period in 2023. However, some types of assault, like aggravated assault, saw specific declines, while others, like domestic assault, showed mixed trends.
Assault lawyer Todd K. Mohink says an assault conviction can result in serious penalties, including fines, jail time and a criminal record. It may lead to future difficulties in obtaining a job or penalties in a family or other civil matter.
If you have been accused of assault, it is always necessary to know what to do. The process often begins with an arrest if law enforcement believes there’s probable cause that an assault occurred. After that, the pre-trial proceedings happen, during which motions are made and information is given.
Let’s see what happens in the trial and what to do if you lose.
The Arrest and Initial Charges
After your first arrest for attack, the charges against you may seem too much to handle. You might feel confused about what happened and worried about what will happen next.
The police will tell you exactly what charges you face, which will depend on how serious the crime was. They could be anything from a minor crime to a serious crime. You should examine your case closely, as the charges are serious and the penalties can be severe.
According to the criminal defense law firm website https://www.barnettfalls.com/, the penalties for assault for individuals who have no prior criminal convictions could range from probation to a sentence of up to 30 days in jail if convicted of simple assault.
You will probably be booked and then go through a bail hearing not long after. At this point, it might be time to call an experienced attorney in assault cases so the lawyer can explain everything to you, your rights, and what comes next.
Pretrial Proceedings
Pretrial proceedings have a significant influence on assault cases. During this period, the lawyers would file motions that may affect evidence, possible defenses, and charges.
Bail and plea deals are some of the issues on which the prosecution and defense will argue during hearings. The attorney will obtain evidence, interview witnesses, and prepare your defense with you. An open dialogue must be maintained between you and your attorney.
Discovery will also take place, enabling each side to exchange and examine the evidence. This process would give insight into the strengths and weaknesses of your case.
At the end of the day, pretrial proceedings prepare you for the coming day, influencing the road you will take in this difficult time.
The Trial Process
When the trial starts, you’ll be in a courtroom where the prosecution and defense both present their cases to a judge or jury.
The prosecutor will start by showing evidence against you and calling witnesses to talk about what happened. You will hear their accounts, after which your lawyer will cross-examine them, casting doubt on their testimonies and credibility.
After the prosecution completes their case, it is your defense’s turn to counter the charges with evidence, testimony of other witnesses, or your alibi.
During trial procedures, the judge secures observance of the standard procedure and maintains order. You shall testify if you desire. The ultimate goal is to persuade the judge or jury of your perspective.
Sentencing and Penalties
And after the trial ends and a verdict is rendered, the consequences or penalties come next. These penalties have an overriding effect on your life.
If the court finds you guilty of assault, you could face punishment. A fine, probation, community service, Possible punishments include fines, community service, or jail time. Your criminal history, the severity of the attack, and other relevant factors may influence the final sentence.
Judges generally have to decide what punishment to deliver. Because of this, first-time offenders usually get a milder punishment, while repeat offenders get a harsher one.
A conviction is something you and your lawyer should thoughtfully discuss, since having a record can affect your chances for employment and housing. You must be aware of these potential penalties as you proceed through this adverse circumstance.
Appeals and Post-Conviction Options
If you think the conviction was unfair, you can appeal it and obtain aid afterward.
An appeal is usually based on a mistake in the law that could have affected the decision or penalty. You have to file a notice of appeal and documents that explain why you are appealing.
Post-conviction remedies can include motions for a new trial or habeas corpus petitions based on fresh evidence or claims that the lawyer was ineffective.
You must work closely with your lawyer to handle the process and determine the next steps in your case.
