Assault Investigations Are Conducted By Detectives Who Investigate And Build A Case; Here Is How They Do It In Columbus And All Of Ohio
Assaults are a Common Occurrence Involving Two or More People. They are Crimes of Violence and Lead to the Police Filing Warrants and High Bonds. Understanding the Criminal Process from Investigation to Verdict at Trial is the Goal of this Article. This is Not a Substitute for Consultation with a Criminal Defense Attorney.
The Process of Pressing Charges for Assault:
A person who believes they were the victim of assault calls the police who take a report. If the first responding police believe they have probable cause to arrest someone they may make the arrest immediately. More commonly the parties have separated and the officer who responds will do one of two things now that they are aware of an assault.
1. When reporting an assault that is likely a felony what happens next is arrest or forwarding a report to a detective who can investigate. and the responding officer will take a report and forward it to a detective (if appropriate) or issue a warrant immediately. Detectives in Columbus and most Ohio jurisdictions investigate felony charges.
2. When reporting an assault that is likely a misdemeanor the only determination of whether an arrest will be made, or a warrant will be issued in on the scene. In smaller jurisdictions officers may still investigate and make a decision later. This means a reporting party will know immediately the outcome of the altercation.
If the initial report is for a felony and a detective begins an investigation in Columbus and other larger jurisdictions a process has begun. The first responder’s report is forwarded to a detective’s bureau and it is assigned to a detective. This part may take weeks to really get moving but once a detective gets assigned that detective begins investigating the incident.
What Kind Of Proof Is Needed To Prove An Assault?
Detectives are looking for physical evidence and circumstantial evidence as well as taking statements from witnesses. This is all collected with the goal of “solving” the case by reaching Probable Cause for an Arrest.
Physical Evidence of an Assault may include examples like a ripped or bloody article of clothing or shell casings if a firearm was involved. Circumstantial Evidence of an assault may include proof that an assailant was at the location which will be used for identification purposes. Statements about who was at the scene of a crime are collected to help a detective piece together what happened a compile a potential list of witnesses if charges are filed. If charges are filed the case enters the court system.
What Happens If You Get Arrested For Assault?
You will be held in the jail without bond until you appear for an arraignment in front of a Judge or Magistrate who arraigns you. Bond is set at this first court date and having a private attorney who knows facts about why your bond should be set is important as it can save tens of thousands of dollars in bond money and is always advised. If the best attorney you can get is not available a public defender will be appointed for this part of the process. After this hearing the court process begins.
The Court Process For An Assault Charge-
The Court Process For An Assault Charge is the same as the process for any other case. There are pretrials, status conferences and finally a trial date while a prosecuting attorney and defense attorney negotiate possible plea bargains. If a plea is not reached a case goes to trial and a judge or jury make the ultimate decision.