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If someone presses assault charges on me, and there are no witnesses, how strong of a case do they have?
Anonymous3 views2 answers
I had gotten into an argument with this one girl. We walked outside my apartment and preceded to have a yelling match. I wanted to go back inside, and she was between me and the door. I tried to move her aside in order to reach the door, with absolutely no intention of hurting her. She fell into the corner of the patio on top of some ice (which is possible that she could have slipped on also). She may or may not now have a broken tail bone. I think this is unlikely because even though she claimed that her tailbone hurt, she was able to sit and walk with no apparent problem. There were no witnesses because we stepped outside to be away from the other people in the apartment. She is now saying that if her tailbone is broken, she may press charges. How strong of a case does she have?
It is unlikely that she will have a strong case without other witnesses so long as you have not admitted on text, voicemail, etc. that you "moved her out of the way" - While I'm here, "NEVER SPEAK TO THE POLICE WITHOUT A LAWYER PRESENT" - the fact that she felt in icy conditions and drinking might have been involved along with no call to the police for a few days weakens the case considerably. Additionally, if you have no record the odds of a filing decrease significantly. I would be more concerned that she could sue or make a claim on your insurance for her medical care which would be your responsibility whether it was your fault or not if it took place on your property.
They do have a witness...the alleged victim. You are also a witness for yourself. This boils down to a he said, she said which can be very difficult to prove. Doesn't mean she can't file charges though but it does mean that you may have a good defense. It is quite possible that the police will come knocking to get your side of the story. Do not talk to them without an attorney as they will twist your side around. politely say that you wish to contact an attorney and they will contact them.
If they are going to arrest you, they will do it whether you make a statement or not so don't be fooled thinking you can talk your way out of it. Our associates practice in Norman and there are several other good attorneys in Norman that can help you.
