This is a collaborative post
People make false accusations about others for revenge or extortion purposes. They could be sexual assaults, general assaults, or others. If you’ve been accused of fraudulent assault charges, you’ll need to understand that you should not take it lightly. It is a severe crime, and you need to fight against it to prove your innocence.
Defendants sometimes feel that because they are innocent, they can never be found guilty. But, it is not correct. The careless behavior leads to many innocent people getting convicted of the crime they never committed. So, to avoid getting into the legal consequences of false assault imputations, you can follow the subsequent tips to defend yourself. The information below is to help you plan your defense. However, you will need legal defending counsel to represent you in the court of law.
Know your rights and act calmly
It is natural for individuals to react to the accusations and try to defend themselves. But, it is one of the worst things to do. You have the right to remain silent whenever a cop questions you. We understand there is a sudden urge to tell the police your side of the story and clarify that the accusations are wrong. But, in the heat of the moment, it is significant for you to practice your right to remain silent.
It only gives the other party some more evidence to use against you. You can tell the police that you will not answer any questions until your attorney arrives at the spot. Always remember that anything you say is and will be used against you regardless of your intention. For instance, if it is a child custody case and you’ve been accused of assaulting the child. Your irrational reaction in the heat of the moment can become strong evidence against you. Therefore, comprehend your rights well and practice them for your benefit.
Hire a criminal defense attorney
When you’re falsely accused of assault and receive a legal summons, consulting with a team of criminal defense lawyers is best to help you fight back the case. Criminal defense attorneys know the state laws and have the required expertise to help you prove your innocence. In many states, attorneys use two ways to defend their clients;
● Prove their innocence and clear their name from the case
● Pursuing compensation against the party who put false accusations on you.
It is essential to consult the attorney in time, so you do not lose valuable evidence and time. Your lawyer will guide you through the case and build a strong defense case. Another critical point is that witnesses may begin to forget what happened and may be unable to testify their statements. Therefore, the earlier you consult with a defense attorney, the better it is for you.
Educate yourself on the criminal defense system
Your attorney will have the required knowledge to deal with the charges and prove you innocent. But, you need to orient yourself with the criminal justice system. It will help you put out questions to your attorney and form a strong case. You can read through similar old issues, gain knowledge from online sources and make points that you believe may help you with your case. Later, you can discuss it with your lawyer.
Challenge the accuser’s credibility
After you discuss your case with the attorney, you may begin developing the right strategy to fight the case. It may be seen that one of the things to do is challenge the accuser’s credibility. You can collect evidence against their motive for accusing you. When you bring the accuser under oath on the stand, your lawyer can ask specific questions to point out their lies and challenge their credibility. The lawyer may also want to check their history of assaults, theft, forgery, etc., to support the argument.
Collect evidence and your witnesses
Nobody but you have the proper witnesses with you to testify that you would not have committed the accused crime. The defendant does not need to prove innocence but create a doubt that they could not have committed the crime. The most uncomplicated way to do this is by jotting down the details of your day. It will help you find some evidence in the form of a text, video, or email. For instance, if the accusation consists of you hitting someone at 7.40 in the evening on a specific day, but you were out on dinner with your family that day, you can show the video footage proving your absence from the crime scene.
Defending yourself against a false assault accusation requires you to stay alert and act cautiously. Each step that you take and every word that you speak holds significance. Therefore, always follow your attorney’s instructions and be actively present in the case.