When tempers flare, and an argument gets heated, things can escalate quickly, and it doesn't take as much as you may expect to land in the back of a police car, facing a charge for assault and battery. If you ever find yourself in this unfortunate predicament, you should know that your situation is a fickle one. An assault and battery charge is a serious offense and can have much harsher penalties than other crimes because assault and battery are considered a crime that is violent in nature. To ensure you don't put yourself in a tougher situation than what you're already facing, there are a few common errors you must avoid.
Don't talk more than you have to.
When you are read your Miranda rights after your arrest, one of your rights is to remain silent. However, when many people get arrested who have never been arrested, they are inclined to talk to try and explain their situation. What you say to the authorities at this critical time is something that can be brought up in court later on to prove your guilt. Therefore, it is always best to only speak when spoken to with simple responses and avoid talking as much as possible.
Don't try to get the person you injured to drop the charges.
One of the biggest mistakes you can make if you have been charged with assault and battery is to reach out to your victim in an effort to get them to drop the charges. This can be taken as an admission of guilt in the court system when your case goes to trial. Plus, it is usually illegal for you to interact with the victim after you have been arrested. That is not to mention that in most cases, your victim cannot drop the charges because state laws will determine if you should be charged after an incident, and not solely the person who was injured.
Don't skip hiring an attorney because you believe you can get through the situation.
Hiring an attorney is sometimes viewed as an unnecessary expense, especially in the age of the internet when you can Google all kinds of legal advice. Unfortunately, this train of thought can easily make your run-in with the law even more troublesome. Without proper legal representation, it is easy to say or do the wrong thing, accept a deal that is not to your advantage, and see a negative outcome with your case.
Contact a local criminal defense lawyer for more information and assistance.
I am a real estate attorney, and I have been helping clients buy and sell property for many years. Some clients do not realize their legal obligations and options when it comes to purchasing or selling a house or land. I hope that this blog will be a way for people to get information about legal issues in real estate and what they need to know when doing business. Buying and selling property can be complicated, and all parties involved have legal obligations. Know what is expected of you, and you will be able to get the best out of your real estate transactions.