Stages of an Assault Case
At The Blanch Law Firm, we work with our clients throughout the legal process, from the time an accusation is made until the case is completed. Every member of our assault lawyer team possesses the necessary skills to successfully defend against all types of assault charges and to counsel you through your situation.
Many members of our assault lawyer team worked for decades in various New York City District Attorneys Offices, learning about every stage of an assault case from the prosecutions perspective. This insider knowledge separates us from other criminal defense law firms. Our in-depth knowledge coupled with our results oriented approach to defense has helped hundreds of people facing potential jail time. We assign five or more assault defense lawyers to every case we handle, assuring a successful result for our client.
The Assault Defense Process
Step 1 Arrest
After an accusation has been made, either in the heat of the moment or by someone filling out a police report, the first step in an assault case is the arrest. You may or may not have been put into handcuffs, and in fact a New York City or State police officer may not even have told you that you’re under arrest. However, as long as you believe that you cannot voluntary walk away from the police with being placed in handcuffs, you have indeed been placed under arrest.
Should I talk to the police regarding my assault case? It’s important to remember that you must first be read your Miranda Rights before the police can legally question you. If you have been arrested on an assault case, do not speak with the police. Anytime you say anything to the police, write anything or sign any sort of statement, it can and will be used against you in your assault trial. Before answering any questions, ask for your criminal defense attorney to be present. At The Blanch Law Firm, our assault lawyer team has seen many people get themselves into trouble by saying far too much because they believed they were obligated to do so.
Step 2 Arraignment
After you have been arrested in New York City or New York State for either a misdemeanor assault or felony assault, the District Attorney’s Office in Manhattan, Brooklyn, Bronx, Queens, Staten Island, Suffolk County or Nassau County will determine whether there is enough evidence to convince a jury or judge that you committed assault. If the New York District Attorneys Office believes that you committed assault, it will draft a Criminal Court Complaint that lists the assault charges.
After the Criminal Court Complaint is drafted, you will see a judge who will officially inform you of the misdemeanor assault or felony assault charges you are facing.
Will I get released or will bail be set? It’s important to have a member of The Blanch Law Firms assault lawyer team by your side during an arraignment, because court can be overwhelming and confusing. After the New York judge listens to the application of your assault lawyer, the judge will then decide whether to release you on your own recognizance (also known as R.O.R.) or set bail. The decision is usually based on the seriousness of the assault charge, or whether the judge believes you will return to court. A misdemeanor assault charge may not warrant too much concern, but a felony assault might. Having a member of The Blanch Law Firms assault lawyer team by your side could make a huge different during your arraignment.
Step 3 Grand Jury
Anytime someone is facing a felony assault charge, or a misdemeanor assault charge that could become a felony assault charge, the District Attorneys Office must present all of the available evidence to the Grand Jury. A grand jury is a type of jury that determines whether there is enough evidence for a trial.
What power does the Grand Jury have over my assault case? If the grand jury believes that there is sufficient evidence to believe that you committed the felony assault, the grand jury will issue an indictment of the criminal offenses supported by the evidence. However, if the grand jury believes that there is insufficient evidence to support a felony assault charge, the case will be dismissed. Having a member of our assault lawyer team present throughout the process is important, but especially here when we can use our criminal defense attorney experience to possibly keep the case from going to trial at all.
Step 4 Pre-Trial Investigation
At The Blanch Law Firm, we believe that the most effective way to fight against a misdemeanor assault charge or felony assault charge is to aggressively defend you from the very beginning. We will battle to ensure that all the information that exists to help keep you out of prison will be brought to light. Our team of expert witnesses and investigations experts come in handy during the pre-trial investigation. If there is enough exculpatory information gathered, the District Attorneys Office will dismiss the assault charge and the criminal case against you.
Step 5 Pre-Trial Motions and Hearings
Every person accused of committing a felony assault or misdemeanor assault in New York has the right to have the New York State and New York City police departments, as well as the District Attorneys Office in Manhattan, Brooklyn, Bronx, Queens, Staten Island, Suffolk County or Nassau County, prosecute the criminal case pursuant to the laws of New York State. Whenever the New York State or New York City police take a statement from someone accused of a felony assault or misdemeanor assault, take property from an accused or subject the accused to a police arranged identification procedure, motions should be filed to preclude the evidence from being introduced at trial.
The Blanch Law Firms assault lawyer team will represent you during a pre-trial motion and fight for your freedoms and for your right to a fair trial.
- If the statements taken by New York police were taken improperly, The Blanch Law Firm will file motions to prevent the District Attorneys Office from using the statement against you during your assault trial.
- If property or belongings of yours was seized or taken by law enforcement, our assault lawyer team will file motions to prevent the DAs Office from introducing that property as evidence against you at trial.
- If police arranged someone to identify you for the assault crime, The Blanch Law Firm will file motions to prevent the District Attorneys Office from having that person identify you in court.
Step 6 Assault Trial
The Blanch Law Firm is comprised of some New Yorks premier Trial Attorneys. Assault trials make people uneasy as the thought of losing their freedom becomes a serious fear. However, The Blanch Law Firm employs a results driven approach to trials, assigning five or more assault trial lawyers to every case. We will aggressively represent you and defend your freedom. Our successful track record in keeping people out of prison is highly sought after by people accused of misdemeanor assault and felony assault.
Contact The Blanch Law Firm
To speak with an assault lawyer about your assault defense concerns, Contact The Blanch Law Firm by calling 212-736-3900 to arrange an initial consultation.