Defending Against Assault Charges: Your Rights and Legal Options

It is not incumbent upon you to prove your innocence. It is the state which must prove your guilt. It is easy to lose sight of this fact if you have been arrested and charged with assault. You will be made to feel as though the charges will stick, that you will indeed be convicted of assault and sentenced. But this need not be the case. If you are innocent of the charges against you, then you need spend not a single second behind bars.

Your Right to Fair Treatment

Your right to fair and equitable treatment as you go through the judicial system does not end because police and prosecutors believe they have their guy. The prosecutorial system is designed to convict as many people as possible. Whether someone is truly guilty is not as important as determining whether a successful case can be made against them. Prosecutors tend to turn the governing legal principle of the country on its head. They will think you are guilty unless you are able to prove otherwise.

Understanding the Legal Definition of Assault

Whatever the trouble which landed you in jail and now has you facing criminal charges, it was never your intention to inflict bodily harm on another person. The latter is the legal definition of assault. And you know enough about what happened to know that your actions do not meet that standard.

Challenging the Evidence

You may be told many things. You may be told that there is a mountain of evidence against you. Prosecutors may indeed have evidence which points to you as the assailant, but evidence alone does not make a case. It can be analyzed, assessed, and interpreted in different ways. It is the job of your lawyer to take the same evidence and uncover other, as yet unknown, facts and put them in a context which clearly demonstrates your innocence.

The Adversarial System and Reasonable Doubt

This is the nature of our adversarial system. One of the central tasks of your attorney is to challenge the evidence as presented by the state. The standard for a criminal conviction is beyond reasonable doubt. If reasonable doubt exists, then the case against you is not as strong as the prosecution claims. No matter how much pressure they put on you, it will inevitably come down to your word against that of someone else. And that is not the kind of thing which gets convictions.

Your Path to Freedom

The path to your freedom is not as hard and difficult as you may think. Lawyers are paid in order to examine evidence in a particular light. They are trained to ask the right questions, and to offer challenges and rebuttals which go toward defending the rights and preserving the freedom and prosperity of their clients.

Your Fifth Amendment Rights

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You should not allow yourself to be interviewed without your attorney. You should never feel as though you ought to turn in evidence against yourself for a reduced punishment. Your Fifth Amendment rights are inviolable. And you should not feel pressured into incriminating yourself because a prosecutor wants to further their career.

Hiring a Bronx Assault Lawyer

Hiring a Bronx assault lawyer which specializes in such criminal cases will give you the means to defend yourself. You will be able to attain complete vindication and clear yourself of all charges. Keeping out of jail and setting the record straight on what actually happened are important. The truth matters. And your lawyer will help you make it part of your defense.