The legal definition of assault means intentionally making another person feel that they are about to be physically harmed. No actual physical injury is needed to establish assault. An individual who acts in a threatening manner, coupled with a present ability of inflicting harm can be found guilty of assault. This could simply be threatening to do a person bodily harm while shaking your fist at them.
Steps to Take When Falsely Accused
If you have been falsely accused of assault, the first thing you should do is realize that this is a serious criminal offense and it should not be taken lightly. A defendant should never think because they are innocent, they could never be found guilty. Many innocent people get convicted of crimes they did not commit. Therefore, it is important to take the necessary steps to defend yourself. These might include:
- Prepare for the cost of your defense—Building a strong defense case will take time and money.
- Document your case—Write down the details of the events while they are still fresh in your mind.
- Educate yourself—It is impossible to defend yourself if you don’t understand what is happening.
- Compile a list of witnesses—You have the legal right to gather witnesses for your defense. You should make a list of all potential witnesses that may be able to help your case.
- Know your rights—If you are questioned by the police, you have the right to remain silent. It is in your best interest not to answer any questions without the advice of legal counsel.
Defenses That Can be Made
Sometimes people make false allegations of assault and their motives can vary widely. There are a variety of reasons why you may have been falsely accused of assault. These might include:
- You may have been falsely accused due to mistaken identity
- You might have simply been in the wrong place at the wrong time
- You may have acted in self-defense
- You may have acted in defense of another person around you
Evidence, Witnesses and Lawsuit Procedures
Depending upon the circumstances of the case, the crime of assault that causes no lasting injury is usually categorized as a misdemeanor. In order for the state to prove that you are guilty of assault, they must establish the following:
- Prove that the defendant acted intentionally to do harm to another person
- Prove that the victim had a reasonable fear or apprehension of imminent injury or offensive contact
The prosecution may be able to call witnesses who were present during the alleged assault. Sometimes these witnesses may prove unreliable if they were intoxicated at the time of the event. An assault charge can be dismissed if there is insufficient evidence such as no eyewitnesses or visible injuries on the victim.
When you are falsely accused of a crime and the charges are dismissed, you may be able to file a lawsuit against the individual who brought the charges against you. If someone files a false criminal charge against another person that results in your arrest and no conviction is obtained, the accused individual may be able to sue the accuser for malicious prosecution. If a law enforcement officer was involved in bringing the false accusations, you may also have a claim for false imprisonment or a violation of your civil rights.
The Importance of Hiring a Lawyer
A person falsely accused of committing a crime faces the same challenges as a guilty criminal defendant and requires competent legal counsel. A skilled and knowledgeable criminal defense lawyer knows their way around the criminal justice system and can navigate through the complex legal system on your behalf.
