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Spodek Law Group

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WE'RE A BOUTIQUE NYC CRIMINAL DEFENSE LAW FIRM. YOU WORK WITH ONE OF OUR SENIOR ATTORNEYS PERSONALLY.

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WE'RE ONE OF NEW YORK'S OLDEST CRIMINAL DEFENSE LAW FIRMS. TRUST 50 YEARS OF EXPERIENCE.

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Queens Assault Lawyer

Innocent until proven guilty: that is the standard of law, and that is the standard your case should be held to if you find yourself thrown into the criminal justice system. Assault is a serious charge, and if you have been arrested on it then you should retain counsel. 

Before you even think about making a statement or signing your name to anything you should speak with an attorney. Your arrest and the claim of assault against you may have been the result of a very intense and emotional experience. Such situations tend to go much further than either party intends. But that does not mean you inflicted intention bodily harm against another person, which is the legal definition of assault. 

The person who has accused you has to prove their claim; the authorities who have taken up the case have to prove that you did wrong, that you broke the law. From the moment you are arrested, the police and prosecutorial system will begin to process and pursue the matter in a spirit that is the reverse of the constitutional principle under which we all live: they will assume you are guilty until you have shown otherwise. Tremendous pressure will be brought on you to admit to something you have not done. 

The people trying to get you convicted of assault will couch their questions and suggestions in soft and beguiling language. You will be asked to cooperate with the investigation, you will be told that it is better for you to confess your crime in exchange for a lighter sentence, you will be told that they have proof of what you did, making your continued defiance futile; indeed, you will be told all kinds of things. 

But here is the point—the one salient fact that they will not emphasize: you actually do have the right to remain silent. The officers who have arrested you made you aware of your rights as a matter of routine. However, the Miranda warnings are not mere hollow words that offices must speak when arresting a suspect. They refer to rights that are designed to protect you from the very thing the prosecutors are trying to do.

You do not have to turn in evidence against yourself. You do not have to say anything that will implicate you in the crime you have been accused of. There is nothing that the authorities can do about it. Your best move is to remain silent until you can speak to an attorney.

Speaking to a criminal lawyer is the first step toward defending yourself against the charge. You can tell the entire story to your attorney, which will give them a general picture of how the events that led to the arrest unfolded. Your attorney will be able to look at the same evidence that the prosecutors have, but will do so through your perspective and interpret what is found in a way that is likely to result in a favorable outcome for you.

It is much harder than you might think to prove an assault charge. The police and prosecutors may sound as though their case is locked and that your conviction is inevitable. But that is simply not true. Working with an attorney will allow you to challenge evidence, present other facts, and make an argument that refutes the one submitted by your accuser. 

An assault conviction can carry a heavy sentence and fine. There is also the fact that you will have it on your record once you have been released. You must do your utmost to fight it. Working with an attorney can help you do so effectively.

by Leonard on Spodek Law Group
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New York, NY 10005

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Spodek Law Group

35-37 36th St,
Astoria, NY 11106

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212-300-5196

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195 Montague St.

Brooklyn, NY 11201

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212-300-6371

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