Tuesday, May 25, 2010

Wrongly accused.?

I had a row with a woman, who pushed me 3 times, kicked me and spat in my face. I then walked straight out of the house because of this. I was then later aressted for common assault as she called the police saying I had put my arm round her throat and mouth which is all lies. I have been bailed but was advised to make a counter allegation as she was the one who assaulted me. There were no witnesses as it was in a house. Will I get a criminal record or worse by someone making false allegations against me. And was I right to make a counter allegation? I have never been in trouble with the police before and am not to sure what to do.
Answer:
If that happened in America you would be charged for assault and battery. The judge would go with the woman always. I suggest you contact a attorney and allow him to sort this out. Most likely you will have to agree with a plea agreement and a restraining order to stay away from the said person. It is possible to ask for a deferment to charges if you stay crime free for a year or so.
Just tell the truth, no matter what.
yes you did right, it shows her you are not putting up with her crap, and she might back down
go talk to her again and get her to spit on you
then leave and go to 5 0 and have them analyze the spit. They will swab her mouth. If its hers, you can file assault charges.
Sad, I know, I remember when you used to actually hit someone
Can't speak for the U.K. court system, but here in the U.S. you'd both have a hard time proving your respective cases because the evidence is all "he said, she said" (or so it would seem based on the facts you gave us). Assuming everything you have told us here is true, you would be right in making a counter-allegation -- make her answer for her role in the argument. Since it was just the two of you, try to remember every detail of the incident as best you can so you can tell your side of the story at trial. And be sure to listen carefully to what the woman says -- if you're lucky, she may make contradictory statements on the stand. If that happens, your lawyer/barrister could catch her in a lie, which would make her case less credible and yours more so.
I don't really think this is the kind of thing you should be asking complete strangers on a site like this. You need a professional to help you out with this problem. Go see a lawyer.
i am not sure where leonard got his facts but i know of plenty of women here in missouri who are doing time for a lot less than what you are saying she did. get a lawyer and sont back down. then you need to stick with the counter suit and let her know that you are not going to give in to her at all. you can get ahead of the game by filing a restraining order against her and letting your lawyer do it so that they cant say that you are just trying to start trouble. keep track of everything that she says or does to you in the mean time

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