Colonial Heights Assault Arrests
An assault arrest can be an intimidating experience to undergo, especially if it is your first offense. An attorney could guide you through the arrest process and begin working on your case. If you want to know more about Colonial Heights assault arrests, work with an accomplished assault lawyer that could answer your questions. A skilled lawyer could build a solid defense for you.
What Happens Following an Assault Arrest
During Colonial Heights assault arrests, what normally happens is the individual will receive a call from a police officer, letting them know that there is an assault warrant out for their arrest and they should come turn themselves in. If they do not, then the police officer will go to the home of the individual and pick them up and arrest them. They will then go see the magistrate.
Normally on a simple assault case, because it is a misdemeanor offense, the defendant will appear before a magistrate. Some of the facts of the assault will be discussed from the vantage point of the officer, and the person will likely be issued a bond. An individual will typically be able to make this bond because it will only involve paying a small amount or no amount of money.
Once the defendant gets out of jail, they will be given an arraignment date, or a date to return to court to discuss with the judge the nature of the charges and whether they want a court-appointed lawyer or they want a hire a lawyer. They would then return to court on that arraignment date, they discuss with a judge what they want to do as far as a lawyer is concerned, and then the matter is set down for a trial.
Aggravating Factors in Assault Arrests
The aggravating factors in Colonial Heights assault arrests can also be mitigating factors depending on who technically possesses the factors. Most of the factors include things like voluntary intoxication, weapons, or drugs present in the system of the complainant or the accused. Mental health diagnoses of one or both parties definitely will play a role as far as mitigation and aggravation. The relationship of the parties, whether they are known parties or they have a history together, also plays a role. The relationship of the parties is going to be aggravating or mitigating depending on the situation.
Intoxication as an Aggravating Factor
An aggravating factor in assault casees is a highly-intoxicated assaulter. If the individual who is doing the fighting is drunk at the time of the assault, that can be viewed as an aggravating factor. It can detract from their ability to testify, and can also make the intoxicated person be viewed as dangerous. If the alleged victim claims they were assaulted while intoxicated, they certainly have less credibility. It will also increase the chances of a self-defense argument working because the person who is claiming they were assaulted was maybe doing something they do not necessarily remember doing.
Importance of a Person’s Criminal History
Someone with a history of assaults or a violent history, whether it be assault, or robbery, or malicious wounding, whatever the case may be, loses a lot of benefit of the doubt when it comes to these cases. They will be unable to negotiate because the Commonwealth will know the defendant’s criminal history. The Commonwealth is much less likely to be sympathetic to someone with a history of assaults and violent behavior.
Compare that to somebody who has no criminal history at all. That person is more believable to the Commonwealth and is considered an unimpeachable witness as far as their record is concerned. The Commonwealth is a lot more willing to work with them if their lawyer can create a situation to discuss and negotiate a situation as to where they were not, in fact, the aggressor or whatever the case may be.
Value of a Colonial Heights Assault Lawyer
It is important to work with a capable assault lawyer if you have been charged with an assault offense. A skilled attorney can be an invaluable asset in your case because they can tell you what to do and what not to do. Many individuals think that they can talk themselves out of their charge, but any attempts to do so often do more harm than good. If you contact a lawyer, they can thoroughly explain what you need to do in order to help protect yourself during Colonial Heights assault arrests. Writing down your account of events can also be helpful to an attorney. Work with a qualified lawyer that can pursue a positive outcome for you.
