Being charged with a violent offence is one of the most serious situations anyone can find themselves in.
The criminal court process is long, stressful, and fraught with legal landmines that have the potential to derail a case if the defendant doesn't know what's happening at every stage. But here's the problem: most people go into it completely blind.
It's not a good position to be in.
No matter if the charges are assault, aggravated battery, or something else entirely, having a solid grasp of the facts about what happens — from start to finish — can have an enormous impact on the outcome. An assault defense attorney is part of that of course. In fact, having the right attorney on your side from day one changes everything.
That's why retaining a qualified assault lawyer in Denver, CO as soon as possible is one of the best decisions a defendant can make when facing a violent offence charge.
Here's everything to know…
Table of Contents
- The Arrest and Booking Process
- The Arraignment
- Bail and Pretrial Release
- Pretrial Motions and Discovery
- Plea Bargaining
- The Trial
- Sentencing
- The Final Verdict
The Arrest and Booking Process
The process begins here.
Once arrested for a violent offence, the defendant will be taken into custody and booked. During booking, fingerprints will be taken, a photograph will be recorded, and an official record of the arrest and charges will be started. Personal belongings will be collected and held until release.
This process happens quickly. And the choices made in those first few hours — namely, whether or not to speak without a lawyer present — will influence the case going forward.
Speaking to police without counsel present is not an admission of guilt. It's smart strategy.
The Arraignment
After booking, the first official court appearance will be the arraignment. At the arraignment, the defendant will appear before a judge and be formally read the charges. A plea is then entered in response:
- Guilty
- Not guilty
- No contest
Assault defence attorneys will advise a not guilty plea at arraignment for nearly all violent offence cases. This allows for negotiation with the prosecution later on while the attorney reviews the details of the case.
Bail and Pretrial Release
One of the primary concerns following arraignment is bail and pretrial release. During this stage, the judge will review the case and decide on an appropriate bail amount. When setting bail, a judge will consider:
- The seriousness of the charged offence
- Prior criminal history
- Likelihood of fleeing before trial
- Danger to the community if released
Violent offences often come with high bail amounts or denied bail entirely. A good lawyer can help argue to the court that the defendant poses little risk to the community and has strong ties that make them unlikely to flee — which means a reasonable bail amount should be granted. If granted, bail allows defendants to live freely while their case moves through the system.
Defendants who are denied bail and held in pretrial detention are 46% more likely to plead guilty — which is why securing reasonable bail terms matters enormously.
Pretrial Motions and Discovery
This is where the meat of the legal process begins, and it's important.
During the discovery phase, both the defendant and the prosecution will exchange evidence. The prosecution is required to provide:
- Police reports
- Witness statements
- Lab results
- Video footage
During this stage, the assault defense attorney earns their keep. The attorney will sift through every scrap of evidence looking for loopholes, discrepancies, and violations of the defendant's rights.
Pretrial motions are submitted to the court during this stage. These can include motions to suppress evidence (evidence that was gathered illegally), motions to dismiss (if the prosecution doesn't have enough evidence), or even motions to change venue if it can be proven that a fair trial cannot be obtained where the current charges have been placed.
Getting a major pretrial motion granted can cripple the prosecution's case before trial even begins. It's important not to rush this stage.
Plea Bargaining
Here's a little fact that most people aren't aware of…
Contrary to what many might think from crime shows on TV, the majority of criminal cases don't go to trial. In fact, about 98% of convictions come from guilty pleas, according to the American Bar Association.
A plea deal is when the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence than is likely after a trial conviction. For a violent offence, a plea deal might look like this:
- Felony charges dropped to a misdemeanor
- A first-degree offence reduced to second-degree
- Prison time waived in exchange for probation
…but that's not always the case.
While there's nothing wrong with accepting a plea deal if it's the right decision, it's important to know that not every plea deal offered by the prosecution is worth accepting. An attorney should help assess the strengths and weaknesses of the evidence and advise on whether going to trial might produce a better outcome. Trials lead to convictions… and convictions lead to jail time. The average sentence after a trial conviction is significantly longer than sentences negotiated through plea deals.
The Trial
Once it's determined that no plea deal is acceptable, the case will go to trial.
Like all court proceedings for violent offences, trial follows a specific structure. A violent offence trial will look something like this:
- Jury selection
- Opening statements
- Prosecution presents their case
- Defendant presents their defence
- Closing statements from both sides
- Jury deliberation and verdict
During trial, it's the prosecution who carries the burden of proof. They need to prove guilt beyond a reasonable doubt. This is the toughest standard of proof in the criminal justice system… and it's why a defence attorney will poke holes in their arguments at every stage.
The defence does not need to prove innocence. It just needs to establish reasonable doubt.
Sentencing
Convicted. Now what?
If convicted of a crime — either through trial or by pleading guilty — sentencing is the last step in the process.
Judges take several factors into account when deciding how to sentence a defendant. These factors include:
- The specifics of the offence
- Prior criminal history
- Sentencing guidelines
- Mitigating factors vs aggravating factors
Violent crimes can carry penalties ranging from probation all the way up to decades in prison. Submitting a solid mitigation case can drastically reduce the length of a sentence. Mitigation can include character references, proof that steps are already being taken to improve, or evidence of an otherwise law-abiding life up until this point.
The Final Verdict
Now that the process is clear, here's the bottom line.
The criminal court process is daunting, and a violent offence charge is not something anyone should face alone. Every step of the process is critical, and every stage will present decisions that need to be made carefully.
The best outcomes in these situations come from hiring a qualified assault defense attorney as soon as possible and allowing them to guide the strategy.
Knowing what to expect is step one. Hiring the right lawyer is step two. Take care of those two things first, and everything else will fall into place.
