If you have been arrested or accused of assault, do not make any statement to the police prior to seeking the advice of a Fort Worth Assault Defense Attorney.
You should cooperate with the police by giving them your name and address, but you should seek advice from your lawyer prior to giving them a statement or answering any questions. This is particularly true if you believe you were provoked, or if you seek to establish that you were defending yourself. In either case, what you have to say may actually help the police establish a case against you.
Self-defense is a “defense,” meaning that you have the initial burden to establish the defense at trial; it will not necessarily prevent you from being arrested in the first place. However, admitting that you caused physical contact with the alleged victim can help the police establish probable cause for an assault.
Providing information to the police may cause a misdemeanor to be charged as a felony. For example, if you admit that you “choked” the alleged victim, then the case may be filed as a felony. Accordingly, you need to remain silent after you let the police know that you would like to have an attorney present prior to any questioning.
If your lawyer can’t successfully dispute the assault, your lawyer may be able to negotiate alternative means of resolving the charges against you that will not cause permanent damage to your criminal record. There may be classes or programs available that are better for your record, less costly, and less time consuming. Therefore, you should always hire a competent attorney to guide you through the complicated process.
The Law Offices of Paul Previte has experience representing those accused of Assault in Fort Worth and Tarrant County. Although every case is different, we may be able to help you get the charges reduced or dismissed.