Those who have been charged with assault may become confused, nervous and unsure of what the future holds. Assault is considered to be a crime of a violent nature, which can result in penalties, fines and/or imprisonment depending on exactly what happened. If you were recently served with an assault civil lawsuit, it is likely you feel unfairly persecuted or even outright angry. Remember to stay calm and consult with an attorney as soon as possible. With this type of charge, you do not want to face the courtroom alone. Do remember that how you respond after being served can have an influence during your lawsuit. So remain level-headed and do not react with vehemence.
Here in this article we have answered the many common questions those accused of assault may ask themselves or their attorney after being served.
What should I do after being accused of assault?
After being accused of assault, emotions are likely running very high. It is recommended that you do your best to stay calm and take the following steps:
- Do not contact the person who accused you of assault for, any reason. You may be tempted to exchange some words with your accuser, but this may only make matters worse for you during the lawsuit. Refrain from contact at all costs.
- Consult with an attorney who is experienced in criminal law, specifically assault cases (defense).
- Write down every detail associated with the incident, including where you were, if there were witnesses, words exchanged, if you felt threatened, etc.
- Take photographs of any injuries you have, or other related evidence.
- Write down a list of witnesses who may be able to provide statements that will benefit your side of the story.
- Take seriously and follow the advice from your defense attorney.
What if I don’t have the money to pay for a defense attorney?
You may be able to find an affordable attorney if you search around and explore prices. If you truly have no money to pay for an attorney, the court may be required to get an attorney to represent you, at no cost. A defendant has the right to have an attorney appointed before being punished by imprisonment.
What is the most common defense strategy for an assault case?
Self-defense is one of the more common defense strategies used in assault cases. In order to establish a foundation for self-defense, the person accused must usually show proof for the following factors:
- An illicit threat or harm was forced against them;
- There was a real fear of danger and being harmed;
- There was no provocation on their part;
- And there was no plausible opportunity to retreat or get away.
What if I was trying to protect someone else during the interaction?
If this is the case, then your attorney may recommend that you use the defense of others strategy during the lawsuit. This strategy is very alike to self-defense, except that you had a real fear of harm being committed to another person and that you had legitimate grounds to commit your actions by intervening.