Assault Arrests in Mesa

An assault arrest can be confusing and frightening, but it is not the end of your future. If you contact a skilled defense lawyer immediately, you can often resolve the matter swiftly and avoid the most severe consequences of an assault charge.

However, your conduct during and after the arrest could significantly impact your case. Knowing what to expect during an assault arrest in Mesa could help you avoid costly mistakes. Turn to Grand Canyon Law Group to fight for your rights and protect your way of life.

The Assault Arrest Process in Mesa

The police often are called to the site of an alleged assault to interview the people involved and witnesses. Someone involved in the incident has no obligation to answer the police’s questions about it. They should provide their name and address and produce identification if asked, but they should ask to speak with a lawyer before answering any questions.

There are limits to a police officer’s powers to arrest someone. If the police determine reasonable cause to believe a felony was committed, they can arrest someone without a warrant. If the suspected crime is a misdemeanor and the police did not witness it, they must get a warrant to make an arrest.

Simple assault is usually a misdemeanor, but Arizona Revised Statute §13-1204 describes many circumstances that could make an assault a felony, such as the presence of a weapon or dangerous instrument. An assault is also a felony if someone suffered physical harm or a disfiguring injury, if the perpetrator is at least 18 and the alleged victim is 15 or younger, and if the alleged victim is a public servant engaging in their duties when the alleged assault occurred.

Your Rights After an Arrest

When the police arrest someone for assault, they must explain their Miranda rights before questioning them. The police must inform the person they need not answer questions without an attorney present. Although sometimes people believe they can explain the situation and demonstrate their innocence, the best strategy is to remain silent and contact a Mesa lawyer immediately after an assault arrest.

If the police fail to explain a suspect’s rights before interrogation, a defense attorney could ask the court to suppress the statements the accused made. However, if the police informed a suspect of their rights and the suspect voluntarily offered information or answered questions, their statements could be used as evidence against them.

Having an attorney present during questioning could ensure the suspect does not volunteer information that might harm their case. The presence of legal counsel also prevents the police from engaging in deceptive or misleading tactics to trap an accused into making statements against their interest.

Booking, Arraignment, and Bail for Assault Charges

When the suspect arrives at the police station, they undergo the booking process. The police will inventory the person’s belongings, take a photograph, and take fingerprints. They will allow the person to make one phone call within the local area.

An arrested person will have an arraignment and bail hearing within 24 hours. The judge could decide that the suspect must put up cash or property to guarantee they will appear in court to answer the charges.

In many assault cases, the suspect could be released on their own recognizance (OR). When deciding whether to grant OR, the judge considers the severity of the crime and its surrounding circumstances, the suspect’s criminal history, their ties to the community, and whether they have ever failed to appear in court as ordered in the past. After an assault arrest, our experienced Mesa attorneys can represent a suspect at the bail hearing and present persuasive arguments to release them on reasonable terms.

Contact a Mesa Criminal Lawyer if You Were Arrested for Assault

Being arrested is never easy, but knowing what to expect could reduce the stress and improve your situation. Having capable legal representation is crucial to navigating the aftermath of an arrest and protecting your best interests.

The seasoned attorneys at Grand Canyon Law Group can provide guidance, advice, and advocacy after an assault arrest in Mesa. Call our firm today to get started.