People can get arrested for assault charges in a variety of different circumstances. Sometimes, one party claims to fear for their safety because of an in-person argument or alleged threats sent via social media. Other times, there may have been a physical fight that occurred. Conflicts between total strangers at a bar or fights between roommates could potentially lead to assault allegations.
A Georgia assault conviction can result in a concerning criminal record and penalties ranging from incarceration to fines. Those accused of assault most likely want to avoid a conviction if possible. The three steps below may go a long way toward helping people navigate the criminal justice system when accused of assault.
1. Know and assert basic civil rights
Often, the behavior of an individual when police officers take them into state custody can influence their defense options later. Many people try to talk their way out of an arrest or arraignment. They think if they provide their perspective to police officers, then they can avoid life-altering criminal charges.
Defendants who make use of their right to remain silent and their right to an attorney as soon as possible after an arrest improve their chances of avoiding a conviction. The less someone says to the police, the less the state has to use against them at trial.
2. Partner with a criminal defense attorney
Technically, those facing criminal charges have the option of representing themselves in court. Doing so can be a major mistake. A criminal defense attorney can educate their client about assault statutes. They can evaluate the situation to determine if the prosecutors made an error in charging their client or if police officers may have violated their rights.
Attorneys can help their clients establish a reasonable defense strategy that might involve challenging the use of certain evidence or claiming that they acted in self-defense. The representation of a competent criminal defense attorney can prove invaluable even in cases where a client chooses to negotiate a plea bargain.
3. Analyze the state’s case
Criminal defendants have the right of discovery. The state has to provide them with information about the evidence gathered by investigators, including potentially exculpatory evidence.
The right to review the state’s evidence before going to trial is a crucial one. The best defense strategies in assault cases focus on countering, undermining or reinterpreting the state’s evidence. Whether there are witness statements or videos captured by nearby security cameras, the evidence that the state has will directly influence the best strategy at trial.
Individuals accused of assaults in Georgia may need help responding to the pending violent criminal charges they face. With the right strategy, defendants may avoid convictions that could forever change the course of their lives.