When facing an assault case in Alabama, the first thing a person should expect is an aggressive prosecution from the district attorney’s office. Because assault is a violent offense, it is going to be taken very seriously by law enforcement and by the court. With this in mind, a person released from custody on an assault charge should immediately contact a criminal defense attorney. Because there is no rule that says they must wait to go to court first before contacting a lawyer, it is advisable for someone to contact an experienced Alabama assault lawyer immediately upon being released. An attorney can help them explain the arrest process and can take proactive steps to build a defense for their Alabama assault case.
First Step: Arrest and Booking ProcessWhen someone is arrested for assault in Alabama, they are taken to the local or county jail and a bond is placed on their file. Once arrested for an assault in Alabama, the first step should be securing release from custody by posting bond. The most immediate and pressing concern after release from custody is to begin preparing a defense of the charge with the help of an assault defense attorney.
When charged with an assault in Alabama, whether it is a misdemeanor or felony, a person should make no statements to law enforcement or any other investigating agencies. They should immediately begin mitigation of any damages that were done. An Alabama assault lawyer can help direct someone in how to begin the litigation process.
It is important not to make any statements because any statement a person makes can and will be used against them in the prosecution of the case. Many people think they can talk their way out of the situation when it is rare for that to happen. More often, it compounds the person’s trouble and problems. Contacting an attorney helps a person evaluate strengths and weaknesses of their Alabama assault case, develop the strategies to move forward to mitigate penalties and avoid prosecution. By beginning mitigation, the person can also lessen the severity and impact of the penalties they face.
Ongoing InvestigationInvestigations for assault cases in Alabama can take on several different forms. For misdemeanor assaults, usually a patrol officer comes upon a fight or is called to a residence or some type of domestic dispute. However, when there is a serious bodily injury involved or serious accident with injury involved, many times the state highway patrol gets involved and does an investigation that could take weeks and even months.
Typically in an assault case in Alabama, the prosecution gathers witness’ statements, medical records, and any photographs of injuries to help the prosecutor’s case.
Your Day in CourtAs with all criminal offenses, Alabama courts treat assault cases with impartiality and fairness. However, because they are considered violent offenses, the prosecution can be aggressive, and if convicted the courts tend to give out harsh sentences.
The intent of the person charged with assault is always something that is relevant in an assault charge during investigations and in court. The level of injury as well dictates whether the case is prosecuted as a misdemeanor or felony. After the conduct, the person may do things that could potentially mitigate or depart from sentencing guidelines. Therefore, it is important to contact an assault attorney who can help guide someone through that process.