Assault Process

Almost every assault case begins with a single phone call. From there, the police arrive, investigate the incident and oftentimes make an arrest. Unfortunately, this is the case even if the accusations are false, which they often are. After the arrest, things proceed quickly, which is why it is essential that you contact an assault defense attorney as soon after your arrest as possible. Simon A. Kubiak and team are prepared to take your call at any time of day or night, both on weekends and during the week, as we understand that in any type of criminal case, time is of the essence.

Getting Out of Jail

Before you can get out of jail, you must appear before a judge, who will set the conditions for your release. If this is your first criminal charge, the judge is likely to release you on your own personal recognizance, which means you will not have to cash bail to go home. Typically, hearings are set for the next day, but if your arrest takes place on a Friday or Saturday, you may have to wait until the following Monday to see a judge.

Restraining Orders

Depending on the nature of the accusations and your relationship with the victim, the judge may issue a protective order against you. Most restraining orders concern the defendant’s right to be near the victim, but the judge may feel it necessary to include other conditions. For instance, if your assault involved a deadly weapon, the judge may revoke your right to possess a firearm until your case is resolved. The judge may also stipulate that you cannot contact the victim by phone and/or that you have to pay child support for the time being.

Dropping the Charges

In 80% to 90% of domestic violence cases, the victim tries to drop the charges. Unfortunately, once an accusation is made, the prosecution will pursue the case, regardless of the alleged victim’s wishes. Without the accuser’s testimony, the state may have to rely on photographic evidence, phone call records, witness testimony, medical records, video footage and other forms of evidence.


If the victim chooses not to request a dismissal of charges, he or she has the option to submit an impact statement. This is a statement that details the physical, emotional and psychological impact of the abuse, as well as any property damage. The judge will use this statement to determine an appropriate punishment.

Contacting an Attorney

The first thing you should do following your arrest is contact an assault defense lawyer. The prosecution is likely to pursue the harshest punishment in the hopes of both using you as an example and deterring similar future behavior. Our team at Simon A. Kubiak, Attorneys At Law, PC will investigate the events leading up to your arrest, look for any holes in the alleged victim’s story and use all evidence to build a strong case on your behalf. For the aggressive defense your case needs, contact our Albuquerque criminal defense law firm today.

Contact us Today

If you have questions about our legal services, feel free to get in touch with us right away. We quickly respond to all calls because we understand there is little time for delay when it comes to getting you the representation you need. For your convenience, we also have Spanish-speaking attorneys.


Suite 1A, 1121 4th Street NW, Albuquerque, NM 87102