Alexandria Assault Arrest Process
The process of being arrested can be a truly frightening experience for anyone who’s ever been apprehended by law enforcement due to a criminal act. It is important that a knowledgeable assault lawyer is brought in to represent an individual who has been taken into police custody. The sooner legal counsel is brought in to represent someone who’s been arrested for an assault charge, the sooner they can start building a defense for their client. An attorney with experience trying similar cases will be familiar with the Alexandria legal system and will be able to assist their client in navigating the intricacies of the court process.
What To Expect From An Assault Case
Alexandria courts treat assault cases quite seriously. Any crime that is violent in nature or attempts to be violent is something that can have a very negative impact on a victim and the community in which the crime takes place. With this in mind, these charges are taken seriously and are prosecuted vigorously. It is important for someone who has been charged to acknowledge their crime and take it as seriously as the legal system does.
When someone is arrested on an assault charge in Alexandria he or she will be taken to a detention center to stand before a magistrate. If necessary, the magistrate will serve the individual with any required warrants; they will then make an initial determination as to whether or not the person who’s been arrested can be released on bail and what conditions of release might be imposed. In some cases, a person is released on their own recognizance. In other scenarios, one of the conditions of bail is that a bond of some amount be filed or imposed with the magistrate’s office before a person can be released. Once a person sees the magistrate and posts the required bond, they are released.
Someone who has been charged with assault & battery should anticipate a lengthy legal process that will take several months to complete. The process includes:
- At least one hearing
- Negotiations with a prosecutor
- The possibility of a trial
An individual can assist their attorney in defending their case by providing them with the names of any witnesses who may be helpful with regard to highlighting their good character or corroborating their story, as well as identifying any other evidence that may be useful in trying their case.
Investigating An Assault
Assault investigations are conducted by uniformed police officers. In most cases, someone will call 911 and police are then dispatched to a scene. Typically, two more officers will arrive at the scene and separately interview the individuals involved as well as any witnesses present. After the initial investigation, law enforcement will arrest the person they believe was the primary instigator in the incident.
During the investigation of an assault case, officers will look for three primary kinds of evidence, which include:
- The victim(s)
- Any witnesses who can describe the events that took place
- Documentary evidence that proves any injuries the victim received, i.e. medical records, photographs, or videos
Injuries are always the primary aggravating factor in cases that involve physical violence. The more injured someone is in the course of an assault and battery, the tougher the penalty will be. Police officers will also consider mitigating factors in a case that involves a physical attack; mitigating factors sometimes include the history between the victim and the person charged with assault or the charged individuals lack of a criminal history. Other mitigating factors can present themselves from the facts of the case.
Contacting An Attorney
An individual should contact legal counsel immediately after being granted the opportunity to do so, which is usually after they are released from being processed. In most cases, police officers do not allow a person to call an attorney during an arrest or an investigation. He or she does not have the right to contact legal counsel while being detained; the best decision someone can make in an effort to protect their rights is to seek the guidance of an assault attorney when they suspect that they are under investigation.