Law

8 Common Mistakes in Assault Cases

Assault, especially aggravated assault, is an unlawful attack on another person to inflict severe bodily harm and is a crime punishable by law. What you do before, during, and after your arrest significantly impacts your case’s outcome. Errors may result in longer jail terms, hefty fines, or both. Below are eight common mistakes in assault cases.

1.   Not hiring an attorney

While you can represent yourself in a court of law, doing so without the necessary knowledge and experience may cause you to incriminate yourself. Additionally, criminal processes are complex, and not understanding how they function often means losing the case. Winning a criminal case isn’t just about understanding the law. You need excellent argument skills, including persuasion and communication skills, to convince the jury of your innocence.

Due to a lack of familiarity with court procedures and rules, self-representation may result in delays in the trial, making you remain in jail longer. Since you may not know when the prosecutors or police violate your constitutional right, you may not know that such violations offer defenses to criminal charges. However, your lawyer knows the defenses to apply. To ensure the success of your case, consider hiring an experienced attorney, such as a Middletown DUI & DWI Attorney.

2.   Resisting arrest

You’ll be found guilty of resisting arrest if you intentionally obstruct or resist an arrest. You knew or should have known that the person you were resisting was an officer, acted or threatened to act violently, or the officer was lawfully discharging their duties. Resisting arrest may result in probation, fines, community service, and even a conviction. Arrest-resistant penalties vary from state to state because state governments develop them.

An arrest resistance claim is charged as a felony or misdemeanor based on the severity of the arrested person’s actions. If an officer tries to arrest you even when innocent, don’t resist, as resisting is a crime. Allow the arrest to occur, and follow the right legal procedure to deal with the situation.

3.   Giving information to the police

While cooperating with the police is necessary, you shouldn’t divulge any information. This is because police want to gather as much incriminating information about you as possible, harming your defense later. It’s your legal right not to respond to questions unless your attorney is present. If your attorney isn’t present, consult them over the phone before saying anything.

4.   Hiring the wrong lawyer

Law is broad, and different criminal lawyers are experienced in varying fields. To find the right attorney for your case, consider their purpose, mission, values, experience, and success stories. When seeking legal representation, hire a lawyer specializing in assault cases to increase your chances of winning the case. Price shouldn’t be the determining factor when hiring a lawyer. While you may want affordable legal services, avoid the cheapest options because they’re probably new to the field and inexperienced.

5.   Sharing case details on social media

Sharing your criminal case details on social media, including Twitter, Instagram, TikTok and Snapchat can negatively impact your trial. This is because prosecutors and the police can use whatever you post on your social media accounts against you in court, including strengthening the case against you. While you may think minor details on ongoing investigations are harmless, they can jeopardize your case’s outcome. Don’t share court case details on social media or comment on posts to avoid compromising your case.

6.   Failure to trust your attorney

Trust between you and your attorney is crucial. The success of your case largely depends on them. Any bad blood between you compromises trust and may result in a communication breakdown, negatively affecting your case. Finding an experienced, reliable lawyer takes time, and winning the case depends on the relationship you share. Ensure you feel comfortable and secure with the attorney you hire. Be open and share every case detail with them beforehand to help them prepare for your defense.

7.   Interfering with witnesses

Your lawyer will advise you not to communicate with anyone who has accused you of a crime or those involved in the investigation. This might be seen as witness tampering and may be considered a crime. If witnesses complain and a witness tampering case is filed against you, the charge can’t be dropped by the witnesses themselves. Only the prosecutor can do it.

8.   Hiding evidence from your lawyer

Your defense attorney should know all the case facts and have the evidence to represent you well. Note that not everything you share with them will be revealed in court. Even if you think something is incriminating or irrelevant, sharing it with your attorney is the right thing to do to ensure the success of your case.

Endnote

Committing mistakes in an assault case can compromise its outcome. Avoid these common mistakes for success in your assault case.

A post by Kidal D. (5601 Posts)

Kidal D. is author at LeraBlog. The author's views are entirely their own and may not reflect the views and opinions of LeraBlog staff.

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