Arrest Process for Assault in San Leandro
Being arrested for committing assault can have impacts on your reputation and personal and professional life, even without a guilty verdict. However, if law enforcement made legal errors during the arrest process for assault in San Leandro, a local defense attorney may be able to have these charges against you dropped. An experienced lawyer could investigate the facts of the alleged assault crime and interview key witnesses to help you build a strong defense to these allegations.
Being Arrested for Threatening or Attempting Harm
The arrest process for assault in San Leandro depends on whether the person was arrested on a warrant or on the basis of probable cause. Additionally, the process can change depending on whether the assault charge is a misdemeanor or felony offense.
After someone has been arrested on a warrant for an alleged assault, he or she will likely be taken into custody. The individual would then either be cited out with a notice to appear in the future or taken to court to be arraigned on charges in which case a judge would either grant him or her release on his or her own recognizance or set a bail amount.
The most common circumstance for arrest is during the heat of an event – the police either observe criminal conduct occurring and intervene or they are dispatched to the scene to respond to a call for service. Officers will either place the individual under arrest if they observed the criminal conduct occurring or they will develop probable cause for arrest after speaking with witnesses and the parties involved. In such case, law enforcement may arrest the alleged offender and take him or her into custody.
Investigating an Alleged Assault
If a person has been accused of committing assault and has been arraigned on a complaint, then the people doing the investigation are largely the defense team which is usually comprised of lawyers, investigators, and support staff. Local attorneys often begin the process by reviewing the police investigation of the alleged assault to determine who was involved and what allegedly occurred. Lawyers also may investigate the defendant’s criminal and psychiatric history.
How the investigation proceeds relies heavily on the type of assault a person has been accused of committing. For instance, there is simple assault, an attempt to commit battery, which is typically a misdemeanor offense. Then there are felony assault charges such as assault with a deadly weapon and assault with force likely to cause great bodily injury. There are also wobbler assault charges such as domestic violence assault and sexual assault.
As these different assault crimes are vastly different and require different elements to be proven, no two assault investigation processes in San Leandro are the same. Therefore, if a person is accused of committing assault in the area, he or she should be sure to enlist the services of an skilled defense attorney who has experience investigating and litigating multiple types of assault cases.
Contact a San Leandro Attorney After Being Arrested for Assault
Being arrested for allegedly attempting to cause another person harm can be stressful, especially since these charges carry harsh penalties. However, by working with an accomplished defense attorney who is familiar with he arrest process for assault in San Leandro and throughout the Bay Area, you could feel confident that your case will be handled professionally and efficiently.
A seasoned lawyer could investigate the charges against you and determine if there were any legal issues at play during your arrest. If so, he or she could potentially move to have the charges against you minimized or dropped entirely. To learn more, call today and book a free consultation with our team.