A man in Mattapan was recently arrested after assaulting a woman while she was walking along a Boston bike path. The arrest came after a Lincoln Police Department officer encountered a man who matched the suspect’s description. The man has since been arraigned on charges of assault and battery as well as assault and battery with a dangerous weapon.
Assault is a criminal offense that is defined in several ways. Sometimes, the offense involves intentionally making another individual feel that they are about to be physically harmed. Physical injury is not necessary to establish this type of assault charge. A “battery” refers to actual physical contact. There are also more serious assault charges recognized in Massachusetts including aggravated assault, indecent assault, and several types of assault and battery.
Assault in Massachusetts can be prosecuted as either a misdemeanor or a felony offense. Regardless of the exact type of charges that you face, an experienced criminal defense attorney can help ensure your rights are protected.
Steps to Take if You Have Been Accused of an Assault
One of the first steps that you should take if you have been accused of an assault is to retain the assistance of an experienced criminal defense lawyer. If you have been falsely accused of assault, it is critical to remember that you can still be convicted.
In many situations, it becomes necessary to retain the assistance of an experienced criminal defense lawyer who has the knowledge and experience necessary to make sure you successfully navigate the criminal justice system.
Some of the other helpful steps you should take include:
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Preserve any evidence or details about your case. Often, the best way to do this is by writing down your own narrative of how the events occurred.
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Make a list of anyone who saw the events occur and who will be able to provide testimony that will help your case.
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While a lawyer will provide a lot of guidance during this difficult time, it is also a wise idea to teach yourself about the criminal justice system.
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Understand your rights. This means that if you are questioned by law enforcement, you have the right to remain silent. Under the Fourth Amendment of the United States Constitution, you also have the right to be protected from unreasonable searches and seizures.
Defenses That can be Raised in Response to Assault Charges
Even if you have become falsely accused of assault, it sometimes becomes necessary to create a strong defense strategy. Some of the best ways to respond to these charges include:
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Arguing that you have been falsely accused as a result of mistaken identity.
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Arguing that you only acted in self-defense or to defend someone around you.
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Arguing that you were protecting your home. To successfully argue this defense, you must establish that you had a reasonable belief that the other person was about to cause serious bodily injury and that you only used reasonable force for defense.
The Importance of Hiring a Criminal Defense Lawyer
If you have been accused of committing an assault, the assistance of a criminal defense lawyer with the requisite knowledge is essential. A seasoned criminal defense attorney can help you navigate the criminal justice system to increase the chances that your case proceeds in the best possible manner. Contact attorney Edward R Molari today to schedule a free initial consultation.