Gilbert Assault Lawyer

Gilbert Assault Attorney

If you went to trial and were convicted of a criminal offense, you may feel unsure or scared about what the future holds. However, the law still makes it possible from individuals to appeal their case in the event the the judge, the prosecutor, or even your own lawyer made a mistake in the determination of your case.

If you believe your case was not handled properly, you should take the time to speak with one of our highly trained and experienced attorneys at the Grand Canyon Law Group. A Gilbert appeals lawyer can help determine whether an error was made in your case and fight to have your appeal heard. Call today to get started.

HOW IS AN APPELLATE ATTORNEY DIFFERENT FROM A TRIAL ATTORNEY?

A trial attorney is at a person’s side from the planning stages, pretrial preparations, evidentiary hearings, jury selection, arguing against the prosecution’s evidence in front of a jury, to the final verdict and conviction. On the other hand, an appeals attorney’s strengths focuses on the following elements:

• Knowing the rules: Procedural rules differ for a case on appeal differ from those used in a criminal trial;
• Knowing the issues: A seasoned appeals lawyer knows how to identify the legal and factual issues that are most likely to win on appeal;
• Understanding the case: The right appellate attorney will bring a new and fresh perspective to the situation to decide how best to proceed during the appeals process;

The Arizona Attorney General has released a pamphlet, The Criminal Appeals Process, which defines the terms you will need to know. Since selecting the right attorney for your appeal is essential to a good outcome, we invite you to contact our attorneys at the Grand Canyon Law Group to discuss your case.

THE APPEALS PROCESS IN GILBERT CRIMINAL CASES

Since the appeals process focuses on errors and omissions in at the trial level, an appellate attorney must have a reason to file an appeal on behalf of the convicted individual.

FILING A DIRECT APPEAL

Within 20 days after being sentenced by a jury, the defendant must file a Notice of Appeal, and afterward, an Opening Brief with the appeals court. The State of Arizona, through its prosecutor, will file an Answering Brief in response to the Opening Brief. The appellate attorney can file a Reply Brief before the case is handed over to the judge or judges who will decide the appeal.

The court can also schedule at its discretion an Oral Argument between the prosecutor and the appellate attorney. Once all briefings and arguments are complete, the appeals court will affirm, modify, remand, or reverse the trial court’s decision. A Gilbert criminal appeals attorney will use all of their analytical, writing, and oratory skills to help convince the judges that the outcome of your case should be reversed in your favor.

POST-CONVICTION RELIEF PETITIONS

Post-Conviction Relief (PCR) petitions can also be filed by defendants who chose to resolve their criminal case through a plea agreement rather than going to trial. The process for filing a PCR petition is different from and appeal, but the purpose is generally the same—to fix an error that occurred in your criminal case.

The petition is filed with the trial judge who heard your guilty plea or sentenced you. PCR petitions are submitted in writing by the defense and answered in writing by the State. Oral arguments and evidentiary hearings may be held, which could include testimony from witnesses and the defendant. The court’s decision can take up to a year to affirm, modify, or reverse the original guilty verdict.

PETITIONS FOR WRITS OF HABEAS CORPUS

Petitions for Writs of Habeas Corpus are federal appeals filed with the United States District Court after all Arizona appeals are exhausted. Federal Rules of Procedure govern the appeal, including the types of claims permitted. Like the state procedure, the arguments are written, first by the appellate attorney, then by the State, after which an Evidentiary Hearing or Oral Argument may be scheduled. The District Court may take years to decide the outcome.

WHAT HAPPENS AFTER AN ASSAULT ARREST?

No two assault cases are exactly alike, so the facts surrounding an assault arrest can vary. Sometimes, the police will arrest someone for assault when an officer witnesses the act. In these cases, the investigation may be short.

Most of the time, the police are not present for an alleged assault. In these situations, the police will interview witnesses and look for other evidence before making an arrest.

PROCESSING AT THE POLICE STATION

When a person is arrested for assault in Gilbert, they will be processed at the police station. This involves collecting their fingerprints and checking for active warrants. Sometimes, the police will the arrested person following this process, especially in misdemeanor cases. More serious charges might require them to remain in custody until their arraignment.

ARRAIGNMENT FOR ASSAULT

The arraignment is the first court appearance following an assault arrest. At this hearing, the accused has the chance to plead guilty or not guilty. Pleading not guilty provides time to build a defense strategy before trial.

It is crucial to secure legal counsel from an experienced Gilbert lawyer immediately after an assault arrest. In many cases, a lawyer could work to get the charges dropped. If someone charged with assault is in custody, an attorney could help obtain their release before the arraignment date.

YOUR RIGHTS AFTER AN ASSAULT ARREST

Anyone arrested for assault has the right to remain silent. However, the police may still try to ask questions after a person’s arrest. Many people arrested for assault talk to the police about their case, which only makes things worse.

Anyone arrested on assault charges should remember that they have the right to remain silent—and the right to speak with a seasoned Gilbert attorney. After an arrest, they can refuse to discuss any aspect of their case without legal counsel present. This right exists to protect a person from self-incrimination.

Being arrested for assault can be stressful, but it does not always lead to a criminal conviction. This is important, as only a conviction brings penalties like jail time or fines. Anyone arrested for assault can fight back against the charges with help from a relentless attorney at our firm. An aggressive defense strategy could lead to an acquittal at trial or even force the state to dismiss all charges.

Assault allegations are common in Gilbert criminal courts, whether charged as misdemeanors or felonies. Regardless of the specific accusation, you need guidance from skilled legal counsel to fight for your best interests and pursue a positive outcome in your case.

If you have been arrested for assault, it is a good idea to speak with legal counsel right away. An attorney could help you understand the potential consequences you face if you are convicted. They could also help you develop a defense strategy that helps you beat these charges.

WHAT EVIDENCE WILL POLICE LOOK FOR IN AN ASSAULT INVESTIGATION?

To convict someone of any criminal offense, the prosecution must prove every element of the offense as it is defined under state law was present in what the defendant did “beyond a reasonable doubt.” The main purpose of assault investigations in Gilbert is to establish someone harmed another person accidently or intentionally, made aggressive physical contact with them, or placed them in reasonable fear that they were about to be physically harmed. In cases involving aggravated assault, one of several specific aggravating conditions was also present.

Investigators will conduct multiple rounds of interviews with everyone allegedly involved in a suspected assault, as well as anyone who witnessed the altercation, its preceding events, or its aftermath. They may also look for documentary evidence like surveillance camera footage, text communication between the parties involved, and medical reports detailing injuries caused by the alleged assault. A qualified legal professional at Grand Canyon Law Group can offer more specific information about what evidence might be relevant to an assault investigation.

HANDLING AN ASSAULT INVESTIGATION

Assault cases typically cannot be won during the investigative stage, but they can absolutely be lost. Any poorly phrased answer to an investigator’s question or piece of information volunteer unnecessarily could be used against that person. The same is true of statements made to people allegedly involved in the incident in an attempt to smooth things over or avoid more legal trouble.

Certain actions like hiding or destroying evidence can result in additional criminal charges that may be punished more severely than the assault charge. With this in mind, it is best to be cooperative with investigators while letting legal counsel take the lead whenever possible during assault investigations in Gilbert.

Being investigated by police after an accusation of assault does not guarantee you will end up being convicted or even charged with any criminal wrongdoing. That said, what you do during an ongoing investigation can affect the direction the rest of your life takes, especially if the allegations against you constitute a felony offense.

A GILBERT APPEALS ATTORNEY CAN HELP

Many arrests for criminal assault in Arizona happen at the scene of the alleged offense immediately after it happened. However, someone could face this charge as a result of an investigation into their actions by law enforcement authorities. An assault charge following an investigation can be tricky to fight effectively because there are more chances to harm your defense while interacting with – or being observed by – investigators.

You should not give up hope if you have been convicted of a crime in Arizona. Sometimes, mistakes are made at your trial that should be reviewed and could change the outcome of your case

Contact a Gilbert appeals lawyer to discuss a plan for your post-conviction relief. Our law office professionals are standing by to help you. Your first consultation is free.

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