New Haven Assault Investigations
New Haven assault investigations involve numerous complicated elements. This includes the focus of prosecution, the seriousness of assault charges, the longevity of an assault investigation, and the importance of hiring an experienced attorney. A New Haven assault lawyer could not only provide more information on this issue, but could be able to provide you with the appropriate legal representation you deserve.
Focus of Prosecution in New Haven Assault Investigations
In an assault case, as with any other criminal cases, the prosecution will need to prove the elements of the crime. The elements could include how a person’s intent may have caused a physical injury to someone else. If the prosecution cannot prove that beyond a reasonable doubt, the state has failed to meet its burden to prove an assault. Various subsections associated with the various crimes of assault differ and as a result, the elements of those crimes could also differ.
Assault charges should be taken very seriously since, in most cases, there is a possibility of incarceration. No matter what degree of assault a person is potentially charged with, even the least serious assault in the third degree carries the possibility of incarceration. Assault in the third degree carries a maximum of one year in jail. Assault in the second degree is a Class D felony which could carry a maximum of five years’ incarceration. Assault in the first degree is a Class B felony that carries a maximum of 20 years in jail.
Longevity of New Haven Assault Investigations
The life of a New Haven assault investigation varies on a case by case basis. Very often with these assault types of situations, there may be an on-site arrest. For example, if a fight breaks out in the bar with two people wrestling around on the ground and someone is punched, the police are called to the bar. They arrive at the scene and place both people under arrest for various offenses, including assault. They may get statements from the participants and witnesses, and obtain any pieces of evidence that they may have. This is a fairly short investigation and happens at the scene of the incident.
On the other hand, there may be a case where there is an assault, the people flee, and they need to have an extended investigation. They need to collect DNA, get videos from surveillance cameras, and speak to most witnesses. In these types of cases, the investigation can take several days to several months. It depends on the situation. The length of time that they have to investigate and issue an arrest warrant by law is set forth in the statute of limitations and that depends whether it is a misdemeanor or felony offense that they are seeking.
Benefits of Hiring an Attorney
When a person is faced with an allegation of an assault, it is important that they have an attorney from the very beginning. These types of cases can become very serious, particularly if they involve significant injuries. In light of that, it is important that the person begins to build the defense from the beginning. When a person works with an attorney, they can orchestrate the investigation from the very beginning.
If the investigation starts from the very beginning, attorneys can put their potential clients in the best position to defend them by obtaining the evidence needed to go the court and fight the charges. It is important that an individual work with an attorney from the beginning to build a defense and get every bit of evidence that is possibly available to support that defense.
Beyond the initial investigation, it is important that a person has a lawyer because of the nuances associated with each of the various crimes of an assault. An experienced attorney may be able to pick apart the State’s case and determine what possible defenses may be available where the state is lacking in its case. Building upon the initial investigation, they should go to court and establish the strongest possible defense to put those accused in the best position to obtain a favorable result.