Being charged with assault is a serious situation that can negatively impact your life for many years. Even a misdemeanor conviction can carry jail time and huge fines, and make it hard to find employment and housing in the future.
What you do now has the power to shape the outcome of your case. If you’re facing assault charges, here’s what you need to do to minimize the damage.
1. Speak to a lawyer right away
The first move you make after being charged should be to contact an attorney. You’re about to go through a complex, unforgiving legal process that won’t go easy on you for making mistakes. By securing a lawyer right away, you’ll be in a better position legally.
For instance, without a lawyer, you might be tempted to explain your side of the story, but that can do more harm than good. Your lawyer will advise you not to share information that can be used against you, ultimately protecting you from self-incrimination.
Having a lawyer to fight your charges is essential. They know how to identify procedural errors made by the other side and can file motions to dismiss evidence and/or witnesses when possible. Your lawyer will challenge everything the prosecution offers to the court, and that can lead to suppressed evidence and possibly case dismissal.
Getting a lawyer isn’t optional when your goal is to minimize the potential damage of your charges.
2. Get clear on the charges against you
There are different types of assault charges, and if you don’t understand your specific charges, you might make some bad decisions. For example, there are both misdemeanor and felony assault charges. Depending on your state, assault charges can include simple threats or bodily harm. Penalties for assault convictions can vary from fines to years in prison, depending on the severity of the situation.
With regard to assault charges, intent and injury matter. Prosecutors will work hard to prove that you intended to harm the injured party and were not acting in self-defense. If you can prove that it was self-defense or that no injury occurred, it can influence your final charges and sentencing.
It’s important to understand that aggravating factors can increase penalties. For example, if you used a weapon, have prior convictions, or the situation is considered domestic violence, charges can be escalated. If you don’t fully understand the accusation, it’s hard to defend yourself. Even with an attorney, you need to understand your charges so you can work together to build a strong defense.
3. Don’t talk about your case at all with anyone
The only person you should discuss your case with is your lawyer. Many people sabotage themselves by talking too much to friends and family. Anything you say can become evidence against you. If you talk to others about your case, they might get subpoenaed to testify against you. Even innocent comments can be twisted and framed to make you look bad. For example, your friends and family might remember your words differently from what you actually said, and the prosecution can use that to support their narrative.
Social media should be completely off-limits. Even if your accounts are friends only, nothing is truly private. All of your posts, comments, and even deleted messages can be recovered and used against you.
4. Preserve all evidence
You have a duty to preserve all evidence, even if it doesn’t paint you in a favorable light. However, that includes evidence that supports your defense. Photos, videos, and documented conversations can help to establish what really happened. Make sure you don’t delete text messages from the source because printed pieces of paper can’t be authenticated, and you might need to provide original proof.
5. Follow all court orders and abide by bail conditions
Cooperate with whatever the court requires of you. If you were given bail with specific conditions, follow them to the letter to avoid having your bail revoked. Show up for all court dates and if a protective order was issued, do everything in your power not to violate the terms, or you could face additional charges. Judges will consider your behavior while deciding your case. Following the rules demonstrates responsibility and can help you get a plea deal.
Take control of your situation
You can’t guarantee the outcome of your case, but you can improve your situation by hiring a lawyer and taking an active role in your own defense. The system will move fast and isn’t designed to protect you, but having a good lawyer and following the rules will give you the best chance at protecting your future.