New York Assault Investigations
New York assault investigations depend largely on the specific circumstances. If a person is arrested at the scene of the alleged incident, the investigation would be led by the prosecutor. On the other hand, if no one is arrested when a person makes a complaint, a detective will instead lead the investigation.
Regardless of the specific circumstances, it is critical to have a dedicated assault attorney who can protect your rights. Throughout the investigation, an attorney can make sure the investigators are not encroaching upon your constitutional rights.What Does an Assault Investigation Look Like?
In New York, if an assault is reported through a 911 call, patrol officers typically arrive to investigate the situation first. If the accused is still there, they will typically arrest them at the scene. If that person has fled the scene, the patrol officers would conduct a canvas to try to locate them in the immediate vicinity. If they are unable to locate the person or if a report comes through and the accused is not geographically present, the case would be assigned to a detective for an investigation.
If the accused is arrested at the scene or close by and identified by the alleged victim, not a lot of investigation needs to be conducted by the police department. Instead, they would hand the case over to the prosecutor. The prosecutor may conduct more of an investigation to see whether there is any surveillance video nearby. If the police noted the contact information for any witnesses, the prosecutor would get a statement from them.
In the event that the accused is not arrested soon after the complaint is made for an assault, a detective assigned to the case would conduct interviews, search for evidence, and attempt to identify and locate the desired individual. Typically, less of an investigation is required if the accused and the complainant know each other, because the investigation portion of a case is usually conducted to determine the identity of the alleged perpetrator. If the alleged victim could tell the police who assaulted them, it decreases the need for a thorough investigation.The Length of New York Cases
The length of an assault investigation process typically depends on the specific facts of the case. The most important is how cooperative the complainant is.
Other factors include whether weapons were used, the relationship of the complainant and the accused individual, and how many people are involved. Even if a case seems to be very straightforward, a lot of times one or two of these factors come into play and cause a significant delay in investigating and resolving the case. An attorney can further explain the factors that can impact the length of a New York assault investigation.Learn More About New York Assault Investigations
If you were arrested or believe you may be arrested in connection to an alleged assault, it is important to protect your rights. Throughout a New York assault investigation, an attorney can take steps to protect your rights and begin building a defense. To get started on your case, call today.