According to California penal code 240, assault is defined as any attempt to violently injure someone in an unlawful way. Violent crimes, including assault, are handled with great severity in California, and the repercussions for serious allegations can be extremely hefty. Beyond that, a conviction for assault can result in major penalties that could affect your life and livelihood for years to come. Because assault crimes are so serious, it is essential that you respond to an assault arrest as quickly as possible.
If you were arrested on assault charges, make sure you follow these essential steps:
1. Remain Silent: It isn’t just a line they use in the movies—you truly do have the right to remain silent following an arrest. Once you’ve been arrested, you can tell the officer that you will not answer any questions until you’ve contacted your attorney. You have a right to remain quiet until you speak with your legal representative. By remaining silent, you can help prevent them from gathering any additional evidence against you. Plus, if you do speak after an arrest, what you say can be twisted to fit their accusations and used against you in court.
2. Maintain Good Behavior: In the face of criminal charges, it can be challenging to maintain a positive, civil attitude. However, acting politely and cooperating with your arresting officers is one of the best thing you can do to help your case. You should know your rights and you should avoid ousting yourself or giving the officers any new information, however, you should not fight back or resist arrest. Resisting an arrest or yelling and becoming violent with the arresting officers could make the situation worse, and might even lead to additional charges, such as assault on a police officer. Instead, try to remain calm and contact your lawyer as soon as possible.
3. Call Your Attorney: After an arrest, you need to discover everything you can about the charges laid against you. In order to fully understand what you’re up against, you need to involve a legal professional. Contact your criminal defense attorney and explain everything you know about your situation. At that point, your lawyer will tell you what to do next.
Were you arrested on assault charges? Our firm can help gather evidence in your favor, protecting your rights and freedom. When dealing with assault charges, our attorneys may be able to utilize common defenses, including self-defense, the defense of another person, or the protection of home and property. If you were acting out of fear or if you were only trying to protect your loved ones or your property, you have a right to defend your actions.
Contact Chung & Ignacio, LLP to speak with our attorneys today.