What to Do if Falsely Accused of Assault and Battery?

Wondering what to do when you are falsely accused of assault and battery? You are not the only one!

In Utah, assault and battery are separate offenses that can occur together. Assault is the offense of threatening or attempting to inflict bodily injury. Battery is the unlawful use of force that causes bodily injury.

Combined, assault and battery can be a Class A misdemeanor, a third-degree felony, or higher. A Draper criminal defense attorney can explain the differences in more detail.

 Like most misdemeanor offenses, assault and battery require a victim to bring charges against the defendant. What should you do if someone falsely accuses you of assault and battery?

Although your first response may be to brush off the false accusation, you must take the charge seriously. False accusations have real repercussions. Your first reaction should be to call an attorney.

Reporting a (False) Crime

If police do not arrest a suspect at the scene, a victim must report the crime to the authorities. Police then investigate the alleged offense and determine if there is enough evidence to file charges.

The District Attorney may conduct its own investigation to see if it is possible to obtain a conviction.

If a crime never happened, the alleged victim must create a plausible story against the alleged suspect.

For instance, perhaps the victim and suspect had a verbal argument at a bar. The victim wants revenge, so they go to the police department the next day and claim the defendant waited for them in the parking lot and punched them. Common reasons for false accusations include:

• Personal vendettas and revenge
• Attention-seeking
• Personal gain or monetary motives
• Mental illness or psychosis

If the alleged crime did not occur or ended when the suspect left the encounter, the first time the suspect may hear about the event is when police come to ask about the alleged “assault and battery.”

How To Respond When You Are Falsely Accused Of Assault And Battery?

If police come to question you about a crime you did not commit, your first step should be not to answer.

Even if the officers say they are just investigating, you should not volunteer any answers. You have an absolute right to remain silent until you speak with an attorney.

Contact a Criminal Defense Attorney

Your first call should be to a criminal defense lawyer, whether you are arrested or released. Your attorney can explain the nature of the charges and possible defenses and, most importantly, talk to the district attorney and the alleged victim on your behalf.

Do Not Contact the Alleged Victim

You may want to try to smooth things over or try to figure out what went wrong. Neither of these actions will help you. Stay far away from your accuser. If the alleged victim tries to contact you, refer them to your attorney.

Do Not Post on Social Media

The default mode of communication today is social media. Posting photos and videos for friends and family is not a problem unless you have a court case pending.

Do not discuss even an alleged false crime on your social media platforms. Do not talk about the alleged victim, and never post anything regarding your court case. It’s best to stay off all social media sites until your case is resolved.

Cooperate With Law Enforcement

Once you have an attorney, do whatever the courts and police ask of you. Be sure to attend all hearings and court dates.

If the district attorney wants you to appear for questioning or a line-up, you must do so with your attorney’s approval. Never consent to questioning without your attorney present.

Assist Your Attorney With Your Defense

As infuriating as it may be to defend yourself against something that never happened, you must help your attorney develop your case as much as possible.

You should help your attorney find witnesses on your behalf, gather evidence, and be available for hearings and court dates.

Possible Defenses When You Are Falsely Accused Of Assault And Battery

As the defendant, you do not have to prove your innocence. The prosecution must prove your guilt.

In situations where you did strike the alleged victim, or the situation may have caused witnesses to think that you were the aggressor, there are some defenses that your attorney may use in your case.

Self-Defense

Utah is a “stand-your-ground” state. As long as you were not the initial aggressor, you have the lawful right to use force equal to the force used against you to defend yourself. There are other factors in raising a self-defense claim.

Intent

Assault and battery are crimes of intent. You must have meant to harm the person making the accusation.

If the prosecutor cannot prove intent, or if your attorney can show that the alleged crime lacked any actual intent to harm the victim, the court may dismiss the charges.

Consent

In some cases, victims give actual consent to assault and battery. In mutual combat situations, like amateur boxing matches, actual consent may be required of all contestants before the match begins.

Where as in other cases, consent may be implied. For instance, concert-goers at some kinds of concerts know there will be a mosh pit with vigorous body contact. An assault and battery charge would likely be dismissed on the grounds of implied consent.

Speak with a Criminal Defense Attorney Immediately

If you are falsely accused or charged with assault and battery, contact an attorney at once. It’s easy to think that a false accusation will “go away” if you ignore it.

However, once police are notified of a serious misdemeanor or felony, they must investigate it. It is easy to say something that could incriminate you, and without legal representation, you could find yourself in court facing jail time or worse.

Penalties can include jail time, probation or community service, fines, and restitution. You could also have a conviction on your record, which will follow you for years.

Some kinds of assault charges cannot be expunged from your record. Even if you think the charges are fake and should be dismissed, you need legal help immediately.

Read Also:

• 5 Common Mistakes People Make When Dealing with Assault Cases
• Statute of Limitations for Sexual Assault: Are There Time Limits?
• Things You Should Know About Domestic Battery