Colonial Heights Assault Investigations
An act of assault occurs when someone places another person in reasonable fear of imminent bodily harm. When someone is assaulted and wants to press charges, an investigation begins. Colonial Heights assault investigations are taken seriously, which is why if you are facing assault charges, you should contact an experienced attorney as soon as possible. A seasoned lawyer will work tirelessly to build a defense for your case. Call today to schedule a consultation.
Conducting an Investigation
The typical assault investigation is not complicated. An assault case is initiated with a criminal complaint. This occurs when one party goes to the magistrate’s office and tells them that somebody else has assaulted them. They then fill out a criminal complaint form.
The plaintiff then signs the form and swears that the facts occurred as stated in the complaint. The magistrate then issues a warrant and what the plaintiff said is what the entire case is based on.
That constitutes the whole preliminary investigation. The officer will arrest the person alleged to have made the assault and attempts to talk to them about the alleged assault. The accused offender may or not make a statement, depending on if they have a lawyer. This ends the process of Colonial Heights assault investigations and the case moves on to court.
Length of Investigation Before an Arrest
Assault investigations move along quickly. In most assault situations, the officers are not going to be the ones who make the arrest on-scene. The officers normally report to the scene when an assault or alleged assault occurs.
Law enforcement will take statements, pictures, or video if the case requires. They then tell the individual that is alleging the assault what they need to do in order to press charges or have the charge taken out.
Once that occurs, the alleged assaulter will have about 24 to 48 hours to turn themselves in to avoid a formal arrest. If they opt out of doing that, then arrests are normally made within that 24 to 48-hour window. These arrests happen swiftly because the parties involved are generally known.
What to Expect from an Assault Case
Someone arrested for assault should first expect to have a minimum of three court dates. Whenever an individual is involved in the criminal justice system as a defendant, and they are looking at having any kind of a record, it is a nerve-wracking experience for them.
This is why the defendant needs to hire a well-trained lawyer who can walk them through the legal process and who could possibly prevent the defendant from obtaining a conviction.
Evidence in an Assault Case
The main evidence in an assault case presentation is the testimony. The criminal complaint, while it itself is not evidence, is a document that has what allegedly took place written on it. This serves as a guide for what the commonwealth is going to use as far as guiding their questions during a trial. The information about the assault comes out through testimony.
There may be video evidence of the assault or video of statements made to the police. Pictures of injuries can be used as evidence also. Most of the time, the evidence consists of the testimony, video, photographs, and witness statements. For more information regarding Colonial Heights assault investigations, call a seasoned lawyer today.
