Each year, there are over 800,000 assault cases reported in the United States. Though you might not have planned to get into an altercation with someone, it is important to know what to do when facing assault charges so that you do not make your case worse.
Assault, according to the law, is the illegal attempt or threat to harm someone intentionally. Unlike battery charges, one can face assault charges even if they didn’t physically hurt the victim. As long as victims feel afraid for their lives or feel threatened, they can sue the perpetrator for assault.
Assault is a criminal offense, and, if charged, will require a good criminal defense lawyer to look into your case. Hiring a defense attorney from a law firm in Charlotte, North Carolina, will give you a chance to defend yourself in court.
However, to help your attorney win your case, they will advise you on what you should and should not do during your trial. Here are some of the common mistakes that you should avoid:
Discussing Your Case with Other People
Though facing an assault charge can be traumatizing, especially for first-time offenders, it is important not to talk about the case or your emotions to your friends or family members. Refrain from trying to explain what happened or asking for advice.
When facing such charges or any other criminal charge, what you say or do can be used against you. Discuss the case with your attorney only because you are protected by attorney-client privilege.
Talking to the Police
The police are trained to manipulate people to get the information they want in an investigation. They have a right and are free to ask you questions to get a clear picture of what might have transpired. However, you also have a right not to answer them.
When the police arrest you, they will immediately read to you your Miranda rights. This allows you to remain silent until you can talk to your attorney. When you speak to the police, you might admit to the crime, and proving you are not guilty will be quite challenging.
Talking to the Victim
It is human to want to talk to someone, find out how they are doing, or maybe apologize, mostly if the victim is known to you. Try to avoid this, even if the victim is your best friend or family. Once they sue you for assault, leave any and all communication to your attorney.
Showing up to their house or work to apologize can only add to your penalties. Allow the law to take its course and only talk to them if they drop the charges or after the sentencing.
Posting or Commenting on the Incident Online
People are always quick to record videos or take pictures of incidents or accidents and post them on different social media platforms. You cannot help if spectators choose to do that. However, you should not post them on your social media platforms or comment on them.
The plaintiff’s lawyer can interpret such actions as malice and argue that you are not remorseful and had intended to harm the plaintiff.
Getting Rid of Evidence
If you are being charged with aggravated assault, using a weapon such as a gun, baseball bat, or knife, do not try to get rid of the weapon. Do not destroy any evidence related to your case or the weapon used.
Not Getting the Right Legal Counsel
These mistakes can hurt your case and give your attorney a hard time. If you are facing assault charges, call a professional criminal defense attorney immediately so that they can advise you on what you should do to avoid making such mistakes. An experienced criminal defense attorney will stand with you every step of the way, review the evidence against you, and come up with the right defense for you.
