Capital Region Legal News

Tuesday, January 31, 2017

What are the top 5 mistakes people make when facing assault allegations?

If you have been charged or are otherwise facing allegations of assault, you are likely having some anxiety about the process and what you should do next. The best thing you can do is talk to an experienced criminal attorney before you do anything else. Below, we have some of the top 5 mistakes that people facing assault allegations have made, so you can avoid making these costly mistakes yourself.

#1 Talking to the Police

While we understand that you may feel that having the police understand your side of the story will make everything go away, talking to the police without the advice of a lawyer is the worst thing you can do for yourself.  Often, you are actually arrested when you get to the station.  If you are contacted by a law enforcement agent about potential charges against you, give them your attorney’s number. If you don’t have an attorney, tell them you will have to schedule a time when your attorney can be present, then go get an attorney.

#2 Representing Themselves

Another big mistake people make is thinking that they can represent themselves. Some people get over-confident when they start talking to friends or acquaintances about how they beat their charges and feel that they can avoid legal fees by representing themselves. There is a reason that lawyers spend so many years in law school: the law is complicated. Do not represent yourself if you do not have a thorough understanding of:

  • The difference between statutory law and case law
  • State and federal rules of evidence
  • How small details can affect verdicts and sentences

Smart attorneys never represent themselves. You shouldn’t either.

#3 Talking to Others About the Charges

Loose lips sink ships and can and you with a maximum sentence. The only person you should be talking to about the charges and the events surrounding them is your attorney. Do not talk to your friends. Do not talk to the person that is accusing you of assault.

#4 Posting About The Charges Online

Law enforcement knows about social media and they scour it looking for evidence to use against people who post incriminating messages or images online. Unless you think your post would look really good blown up on an easel in the courtroom, don’t post it. If you have posted something that might be incriminating, talk to your attorney before deleting the posting or your profile. This could constitute destruction of evidence.

#5 Not Seeking The Advice of an Attorney

If you are facing criminal charges, your best chance for success is to have an experienced criminal attorney on your side. Before you talk to anyone, talk to an attorney. This one step could mean the difference between being free and being incarcerated.

Accused of Assault?

Whether you have been charged with assault, before you do anything else, talk with an experienced New York criminal attorney. The attorneys at Ianniello Anderson, P.C. can quickly assess your case and assist you in making the best possible decisions under the circumstances. Serving clients in the Albany, Clifton Park, Glens Falls, Saratoga Springs, Troy, and the entire Northeastern NY areas at 518.350.7755.

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