What to Do If You’re Facing Assault Charges

Facing assault charges can be a frightening and overwhelming experience, especially in a state like New Hampshire, where legal proceedings can be both serious and detailed. The consequences of a conviction could include jail time, fines, and a permanent criminal record. 

However, you do have options to defend yourself. It’s critical to take immediate and thoughtful action, particularly when it comes to securing criminal defense representation. In Portsmouth, New Hampshire, clients can rely on Wiberg Law Office, PLLC, for experienced criminal defense.

Review the Assault Charges Against You

Before you do anything, you need to fully comprehend the charges you’re facing. In New Hampshire, assault can be classified as either simple assault or aggravated assault. 

Simple assault involves causing bodily injury or threatening harm to another person, while aggravated assault is more serious, involving factors such as the use of a weapon or the intent to injure someone seriously. Understanding which category of assault you're charged with will help you determine the best course of action. 

New Hampshire law outlines specific criteria for both types of assault. For example, simple assault could involve actions like pushing or shoving someone with the intent to harm. Aggravated assault could involve the use of a weapon or attacking someone in a way that causes them serious injury. 

The penalties for each vary significantly. Simple assault is generally a misdemeanor, which could result in up to a year in jail. Aggravated assault, on the other hand, is a felony and could result in much harsher penalties, including years of imprisonment.

Seek Immediate Legal Counsel

One of the first steps you should take is to seek legal help from a criminal defense lawyer in New Hampshire. Assault charges are serious, and having professional legal counsel is essential. An attorney can review the evidence against you, explain the legal process, and help you craft a defense strategy. 

When searching for criminal defense representation, be sure to choose a lawyer who has experience specifically in criminal defense cases. You don’t want someone who only handles family law or civil litigation. 

You need a lawyer who understands the ins and outs of criminal law and has handled cases similar to yours in the past. A criminal defense lawyer can identify potential weaknesses in the prosecution’s case and work to either have the charges dismissed or reduced.

It’s important to consult with your lawyer as soon as possible after being arrested or charged. Early intervention can give your lawyer time to investigate the facts, speak to witnesses, and prepare a solid defense. Delaying legal representation could hurt your chances of getting a favorable outcome.

Review the Evidence

Once you’ve secured a criminal defense lawyer, they’ll begin reviewing the evidence against you. The prosecution is required to present evidence that supports the assault charges. In some cases, the evidence may be weak or insufficient. 

Your lawyer will thoroughly search for any flaws or contradictions in the evidence. A defense lawyer will also examine the police report, witness statements, and any other materials that were gathered during the investigation. 

Sometimes, evidence can be challenged, particularly if it was obtained improperly or if there are inconsistencies in the testimonies. If there are issues with the evidence, your lawyer can file motions to suppress it, which may lead to a reduction or dismissal of the charges.

In addition to reviewing the prosecution's evidence, your lawyer will also work to gather evidence on your behalf. This may involve obtaining security camera footage, interviewing witnesses who can testify in your defense, or securing expert testimony that can support your version of events. The more evidence your lawyer can collect, the stronger your case will be.

Explore Your Defense Options

When facing assault charges, your lawyer might pursue several defense strategies. The choice of defense strategy will depend on the specific facts of your case. Common defenses in assault cases include:

• Self-defense: If you were protecting yourself or someone else from imminent harm, you might be able to argue that you acted in self-defense. In New Hampshire, self-defense is a valid legal defense as long as the level of force used is reasonable and necessary to protect yourself or others from harm.

• False accusation: In some cases, the victim may be lying about the incident. If there’s evidence that the alleged assault didn’t happen as described or that the accusation is fabricated, your lawyer may argue that you were falsely accused.

• Lack of intent: In many assault cases, the prosecution must prove that you had the intent to harm someone. If you were engaged in a confrontation but didn’t intend to hurt the other person, your lawyer might argue that you shouldn’t be convicted of assault. For example, an accidental push or shove that caused injury may not meet the legal criteria for assault.

• Insufficient evidence: In some cases, the prosecution may not have enough evidence to support the charges. If the evidence is weak, your lawyer can file a motion to dismiss the case or seek a reduction in charges.

It’s important to remember that the prosecution must prove the charges beyond a reasonable doubt. If there are any reasonable doubts about your guilt, your lawyer will work to highlight those doubts in court.

Consider Plea Bargaining

While going to trial is an option, many criminal cases, including assault charges, are resolved through plea bargaining. In a plea bargain, you may agree to plead guilty to a lesser charge in exchange for a reduced sentence. 

For example, suppose you’re facing a felony assault charge. In that case, your lawyer may negotiate with the prosecution for you to plead guilty to a misdemeanor charge, which carries a less severe penalty. Plea bargaining can be beneficial in cases where the evidence against you is strong and a conviction seems likely. 

By pleading guilty to a lesser charge, you may be able to avoid a lengthy prison sentence or other serious consequences. However, this option should only be pursued after discussing it with your criminal defense lawyer, as it may have long-term consequences, including a criminal record.

Prepare for Trial

If a plea deal isn’t possible or if you decide to fight the charges in court, you’ll need to prepare for trial. This preparation involves gathering evidence, identifying witnesses, and crafting your defense strategy. Your criminal defense lawyer will play a key role in this process, as they’ll have a comprehensive understanding of the legal issues and procedures involved.

At trial, the prosecution will present its case, and your lawyer will have the opportunity to cross-examine witnesses and present evidence in your defense. Your lawyer may also file motions to suppress certain evidence or challenge the credibility of witnesses. The goal is to create enough doubt in the minds of the jury (or judge, if it's a bench trial) to secure an acquittal.

It's important to note that criminal trials can be unpredictable. Even if the evidence against you seems strong, your lawyer will work to present the most compelling defense possible. An experienced lawyer will know how to anticipate the prosecution’s arguments and develop a strategy to counter them.

Be Aware of Potential Sentencing Consequences

If you’re convicted of assault, the consequences can vary depending on the severity of the charges. As mentioned earlier, simple assault is usually a misdemeanor, while aggravated assault is a felony. The penalties for a conviction can include jail time, probation, fines, or restitution to the victim.

In New Hampshire, sentences for assault can be influenced by factors like prior criminal history, whether the victim was injured, and whether there were aggravating factors such as the use of a weapon. If you have a clean criminal record, your lawyer may be able to argue for a lighter sentence, such as probation or a reduced jail sentence.

For felony assault convictions, you may be looking at several years in prison, along with substantial fines. The severity of the penalties makes it all the more important to have skilled criminal defense counsel by your side to mitigate the damage to your life.

Stay Calm and Make Informed Decisions

The stress of facing assault charges can be overwhelming, but it’s essential to stay calm and make well-informed decisions. Your lawyer will be your advocate throughout the process, providing you with the guidance and support you need. It’s crucial that you follow their advice, attend all court hearings, and be honest with them about the events surrounding the incident.

The decisions you make early in the process can have a significant impact on the outcome of your case. By securing legal representation, understanding the charges, and considering all defense options, you give yourself the best chance of a favorable resolution.

Enlist Experienced Legal Support Today

Are you in need of legal counsel in Portsmouth, New Hampshire, or the surrounding areas of Rockingham County, Strafford County, Hillsborough, Dover, and Manchester? Reach out to Wiberg Law Office, PLLC, today to get connected with one of our dependable criminal defense attorneys.