The DC assault case process begins when someone who is accused of assault and likely arrested is processed and taken before a judge. In less violent cases, the person could then be released from custody. Once law enforcement releases the accused from custody, they may have a court date usually about four to six weeks away. At this point, it is important for this individual to contact a skilled attorney to begin work on their defense.
Depending on the severity of the allegations and the person’s record, they may or may not be released after being processed. In cases of simple assault where the injuries may not be particularly violent, law enforcement may release the detainee pending their court date.
If the courts deem an assault particularly violent, the accused assailant may be kept in custody. Law enforcement judges if an assault is violent by looking at the severity of the injuries, the accused’s criminal record of violent crimes, or their record of missing court dates.
If someone is released, this freedom may come with conditions. These conditions can be as restricted as house arrest and forcing them to wear an ankle monitor with a GPS tracker. The conditions can also be as lenient as avoiding committing any more crimes and promising to come back to court. An attorney who understands the assault case process in DC could asses the defendant’s circumstances and fight for their release and lenient conditions.
Once the court date is set, the accused assailant’s lawyer could get in touch with the prosecutor to discuss their findings and possible alternative consequences, including a diversion program. By the time the parties come back to court, they may have the case resolved, and the case could be dismissed at any time.
In most cases, the parties may come to an agreement, or they can ask for another status hearing to continue negotiations and work out any remaining issues. If they cannot work out a settlement, they usually will come back in about another month to renegotiate.
In theory, both parties could keep coming back as they try to work things out but usually by the second or third status hearing, the parties come to some resolution. If no agreement can be made, the attorneys could schedule the case for trial.
The trial date can be months after negotiations finish. After the trial, the judge or the jury enters a verdict. If the defendant is not guilty, the case is over. If the accused assailant is found guilty, then they may appeal that decision to the court of appeals. Because this process for DC assault cases can be complex, a well-versed attorney could help the accused navigate through these status hearings or a trial to help them achieve a positive outcome.
There are two specific benefits of having an attorney when facing assault charges. The most direct benefit is that the attorney could defend the person against the charges. When someone is facing assault charges, the consequences can be severe and could include jail time, probation, and fines. Those penalties can lead to other consequences, such as loss of employment, loss of security clearance, loss of professional license, and social consequences amongst one’s friends, family, and colleagues.
In addition to defending the person against the allegations in court and attempting to avoid the statutory penalties, a lawyer could help a person navigate some of the collateral consequences. They could provide stability and peace of mind to the defendant as they go through the process for assault cases in DC.
If the attorney cannot directly assist with an employment issue or housing issue, the attorney could help connect the accused to other individuals or organizations who may be better suited to assist in some of these related areas.
The legal system can be daunting and overwhelming without help from an experienced attorney. With the additional stigma from an assault charge, it can be increasingly more difficult to handle. If you have been accused of an assault charge, speak with a lawyer to discuss the DC assault case process and how it will work with the specifics of your case. Contact an attorney today for a consultation.
David Benowitz and his firm are the best strategic and compassionate teams you will work with. Mr. Benowitz and his team are diligent and proactive, which is further enhanced by David’s methodic and strategic approach to law. My case was a very complicated and emotionally charged case involving classified information, where I was facing three indictments, two carrying life sentences and one carrying 20 years. Mr. Benowitz utilized a network of lawyers coupled with his own strategy to navigate the case to success! I sincerely recommend David Benowitz quite literally with my life.
I found David to be very dedicated to fighting for your loved one’s rights. I also highly appreciated the fact that David kept us informed and empowered throughout the whole process.
Mr. Benowitz is an incredibly knowledgeable and dedicated professional. His commitments to social justice and community outreach are exemplary. I wholeheartedly recommend him for any matter.