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What to Do If You Have Been Falsely Accused of Assault Charges

San Jose criminal defense attorney

The law exists to protect people. Unfortunately, sometimes individuals misuse the legal system in order to ruin someone’s life through false allegations. If you have been falsely accused of assault and/or battery in California, you may be completely unsure of what to do next. Fortunately, you do not have to face these allegations alone. Speak with an experienced criminal defense attorney immediately if you have been accused of assault, battery, or another crime.

The Burden of Proof is on the Prosecution

It is important to remember that it is up to the prosecutors to prove that you committed the crime you are accused of. The burden of proof lies with them, not with you. The term “innocent until proven guilty” means that you should be considered innocent of the crime until enough evidence to prove otherwise surfaces. The judge or jury assigned to your case must be convinced of your guilt beyond a reasonable doubt. Anything you can do to help increase that doubt will benefit your case.

Cease Contact with the Accuser

While those genuinely guilty of crimes should be punished for them, not every accusation of assault is true. Judges know that an assault charge has the potential to be a false charge. The first thing someone should do after being falsely accused of assault is to completely cease contact with them. You do not want to give this person any more opportunities to fabricate stories about you. Ignore calls and text messages and do not interact with the individual in person at all.

Keep Records of Communications

If the person falsely accusing you of assault sends you messages or leaves you voicemails, keep a record of these. Often, a person falsely accusing another of a crime will admit to the fabrication at some point. If someone is blackmailing you by telling you they will accuse you of assault, a copy of this message could be very valuable in your defense. Once you know specifics about the allegations, you and your legal team can find evidence to absolve you of the crime. For example, if the alleged incident occurred when you were at work in an entirely different part of the city and you can prove it, you could be acquitted.

Contact a Santa Clara Assault Defense Attorney

If you have been accused of assault, contact the offices of Wesley J. Schroeder, Attorney at Law, to speak with an experienced San Jose criminal defense attorney. Call 408-277­0377 to schedule a completely confidential appointment today.

Source:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=240