Many police today seem to care more about arresting people than they do about properly investigating crimes. This means a lot of innocent people end up spending time in jail, and spending money to clear their good name. In eastern upstate New York we are dealing with almost epidemic levels of this sort of “arrest first, figure out the truth later” attitude. At Ianniello Anderson we work with you to help you get your side of the story heard, and make sure that justice is served.
A lot of people today are getting charged with assault, battery, and other personal crimes like menacing or harassment without the police fully investigating the situation. For example, just because you are the one on top of the other person when the police arrive does not mean that you weren’t justifiably acting in self-defense. The police don’t want to get into details though; they just want to break up the fight. So, they lock you up and charge you with assault.
Unlike other attorneys, our first objective isn’t getting you a good plea deal and then pressuring you to take it. Instead, our goal is to gather evidence to rebut the state’s case against you so that you have a shot at being found not guilty.
In order to do this, we work with you to put together a complete picture of the events leading up to your arrest. We pull together all the information we can - Where were you? Why were you there? What time was it? What were you wearing? Who else was there? Often what seems like unimportant info provides the key to securing your freedom and clearing your name. For example, in going over the incident in detail our clients often remember other people who were at the scene who can be called as witnesses.
We then go over the elements of the crime you have been charged with. The government has to prove each of these elements beyond a reasonable doubt, so if we can introduce doubt, we have a good chance of getting the charges dropped or clearing your name at trial.
In order to convict you of assault, the state has to prove that you intended to cause a physical injury to another person, and you in fact caused that type of injury. If you are charged with assault, we really focus on your intentions. If we can show that you did not intend injury, the government cannot prove its case.
Battery on the other hand is intentionally harmful or offensive bodily contact. Gathering evidence of the nature of the contact between you and the other party can sometimes negate both the intention element and the harmful/offensive element.
If you have been arrested for assault, battery, or another offense like menacing or harassment, and you live in or near Albany, Troy, Saratoga Springs, Glens Falls and Clifton Park, give us a call at (518)350-7755 to schedule your free, initial consultation. When facing charges for a personal crime, the sooner you call an attorney, the better, so don’t delay, call us today.