Assault Cases in Stamford
If you are facing charges in an assault case in Stamford, an experienced assault lawyer can advise you on the most appropriate defense for your future. The courts treat assault cases very seriously. They want to make sure that all the bases are covered in these cases because they do not want someone to get off the hook easily and then go home and commit the same assault again. That is why the judge will order counseling, therapy, classes, etc.
These cases are usually not dismissed easily, and it is typical for a judge to issue a Protective Order to protect the person who was allegedly attacked. The judge will also order conditions of release, which will often include ordering someone to go to anger management classes or private therapy. Sometimes a person is ordered by the judge to go to these classes once a week until their next court date. It is discretionary, and the judge will consider everything before making their decision.
What Happens Following an Assault Arrest?
When a person is arrested for an assault case in Stamford, the person is taken to jail and given a chance to post bond. If a person cannot post bond, they will be held for the evening in jail and arraigned the next morning in court. If the person can post a bond, they can post it immediately, or someone can post it for them. The police will give the defendant a court date to appear in court, usually in two to three weeks. If a person is arrested for domestic violence assault, the person can post bond and leave, but the court date will always be the next morning.
The reason domestic violence cases are heard the next morning is that the police enter a 24-hour Protective Order when the individual is arrested, and the defendant needs to go to court the next morning so the judge can decide whether or not the Protective Order needs to remain in place or be vacated. It is a constitutional right of a person to be heard before a Protective Order can be officially entered for any longer period of time.
Determining Bond
The Stamford police set the bond during an assault case. The amount of the bond is discretionary, and it depends on the Police Department. If a person posts bond, gets a court date, and goes to court for the arraignment, they can contact an attorney immediately. If the individual cannot post bond, they can call the attorney from the police station. This could be in the middle of the night. A domestic violence charge is going to be arraigned the next day, so a defendant will call an attorney as soon as possible so they will be present the next day at the arraignment.
The first thing to worry about in assault cases is posting bond. Sometimes people cannot afford it and will call a bail bondsman, who will come and post bond for them. The second thing would be to call an attorney, especially if a person is being arraigned the next day, so they can be represented at the arraignment. If the individual is being arraigned in two weeks, they can still be represented, but the urgency is relieved. If a person cannot post a bond for their assault case and the court will not release them on a promise to appear at court, the attorney will have to come to court and argue to lower the bond so they get a reasonable amount that they can post.
Aggravating Factors
In Stamford, aggravating factors of an assault case could depend on the person who was assaulted. These protected people include:
- Police officers
- Pregnant individuals
- Those with disabilities
- The elderly
Aggravating factors of assault cases would be added if the State has a good eye witness testimony, and they call that person to court to give a statement. Medical records that prove an injury was very serious can also be aggravating. The prosecution usually takes victim statements very seriously, so if the victim said he was scared of being hurt, that is definitely an aggravating factor. Or if the victim stated that this has happened before.
Protective Orders
If a Protective Order for an assault case has been entered against a Stamford defendant, they need to make sure they abide by that. If they do anything to violate the order by contacting the injured person, the individual can immediately be charged with violation of a Protective Order. Even if the defendant is being arraigned the next day. The defendant can still be charged with violating the order because they have not been permitted to speak to that person.
Reach Out to a Stamford Attorney for Help With Your Assault Case
Assault cases are complex, and no defendant should navigate them alone. Between knowing what happens after an arrest to understanding bonds, aggravating factors, and protective orders, you need someone on your side to fight for your rights. Reach out to a skilled attorney from the Law Offices of Mark Sherman, LLC, for help with your assault case in Stamford today.