Here’s How You Can Defend a Case of Wrongful Assault Charges
It is incomprehensible to be accused of a crime like an assault that you haven’t committed and may not even have anything to do with. What’s worse is that there is no such assurance that society will look at you with the respect they used to after these fake accusations are removed.
Moreover, the situation can worsen if you aren’t aware of what you should be doing after being falsely accused.
Apart from hiring a professional and experienced criminal defense lawyer, you need to take immediate action to protect yourself. Here are some ways that can help you protect yourself;
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Comprehend the Seriousness of the Accusation
Before doing anything else or taking any formal action, you need to comprehend the seriousness of the accusation and the penalties you could face. Even though you are innocent and have been framed for the charge, you can’t assume that the police, prosecutor, or judge, or jury will see the case your way.
By understanding the seriousness of the charge, you can make the right decisions and increase the likelihood of a favorable outcome from the very beginning.
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Know Your Rights
Knowing your rights when you have been falsely accused is the best route to begin with defending yourself.
If the police ask any question, remember you have the full right to stay silent. Moreover, it is in the best interest to remain silent and avoid questions without the advice of your criminal defence lawyers Brisbane.
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Intervene Before Indictments
One of the benefits of holding on to an attorney while being a suspect is that they might take a proactive approach that could result in never being accused of a crime.
In some circumstances, the attorney might even discuss your case with the police or prosecutor and provide them with information to convince them that they have caught hold of the wrong person.
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Wait and Track the Movement
In some situations, waiting and tracking the movement of the opposition prosecutor is advisable. That is because if you have been falsely accused, the chances of falling short of relevant evidence or not finding a witness by the prosecution is high. There even is a possibility of being proved innocent by negative test results.
So, don’t hurry. Wait and track the movement.
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Assemble Physical Evidence and Documents (if any)
If you have any sort of evidence, be it any photographs, clothing, or other objects that could help you defend yourself, collect them and pass them to your lawyer as soon as possible.
You can even collect documents such as emails, receipts, or even GPS data that could help you prove you weren’t present there at the moment when the crime was committed.
How Should You Defend Yourself Against an Assault Charge?
Being accused of assault charges can be a disappointing phase where all it takes is your peace of mind and energy. So, if, unfortunately, you are being charged with assault charges, you should know how to deal with legalities and lawsuits.
Let us jump on the steps you should follow to be prepared –
Step 1 – Scrutinize the charges.
Once you know that you are being accused of any assault, the first thing you should do is analyze all the legal elements to remain informed of what the prosecution can prove. It includes knowing the elements of the offense, depicting the story from your perspective, talking to the witnesses, if any, that can provide a point which you are slipping and might strengthen your case.
Knowing the reasons why the charges were filed can also help you. You can formulate your defense case by knowing the alleged victim’s motivation behind accusing you of assault charges.
Step 2 – Develop Your Defense
Getting yourself ready for the assault charges is a hectic process. It would help if you had an attorney to make your defense case stronger. If you can’t afford an attorney, the court will hire one for you formally charged with a crime.
After hiring an attorney, you should be well acquainted with all prosecutors’ formalities and legal documents. The attorney should analyze all evidence to find a chance to know the areas of reasonable doubt.
The next step would be developing your defense case, and the way you are going to approach it will be defined by the law and circumstances of your case.
Step 3 – Going to the trial
Now, after keeping up with the process, going to the trial is the actual battle. The stress can overpower you, but you need to keep your cool and be present at the time of court calls. Ensure you appear on the date you are being called on, on time, and dressed professionally.
In case of assault charges:
- Make sure you behave and act non-threatening as much as possible.
- Remember to be polite in front of the court and speak only when you are given a chance.
- Listen patiently to the prosecutors and don’t try to influence them in the wrong way.
The next step would be presenting your witnesses and being ready for cross-examination from prosecutors. After all these proceedings of cross-examining, answering to prosecutors, you will reach a final stage where the court will have its verdict based on evidence. Remain calm, whatever be the verdict. You may ask your attorney to appeal if the judgment is not in your favor.
Final Words
An accusation of any type will disturb your whole life, and it reduces your working ability by affecting your mental peace and degrading your confidence. Be it any situation; you should face it as a challenge and appoint the best attorneys to fight your case. Appointing an efficient attorney will make your case less complicated and help you get out of false accusations.
Unfortunately, over time, false accusations have increased in the States. If you have been falsely accused of assault charges, don’t waste time and consult an experienced criminal defense lawyer today as delay can cost you much more than just mulct.