Falsely accused of assault: potential consequences?

Great. Well, not great. We all feel your pain . Its a real shit situation. So whats your question then? Hard to answer something that really shouldnt be discussed in public.

The question was re the process from here, but seems nobody on here is familiar with it. Fine. Have appointment with a lawyer tomorrow, see what they say.

LAF is useless anyways… that’s why they are called LAF.

As the general wisdom goes, when cops and a prosecutor are having a ‘chat’ with you, it is beyond any level that you can talk yourself out of. They already view you as guilty, now they just need you to slip up and say something that they can construe as a guilty statement.

I won’t link it here but there was a funny video from two lawyers in the USA that always said…when they ask you something … you shut the F up. When they say “not saying anything makes you look guilty” you shut the F up and call a lawyer.

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Ya, but “the process” and “from here” are about as vague as one can be. therin lies the catch 22. It is unwise to post specifics just as it is unwise to post legal advice. Many here have been through the machine, hence why they post lawyer up . Not informative, i agree. But smart! Lawsuites arent facebook disagreements, they are really serious.

If you did pose specific questions ,i am sure you get specific answers. Thats up to you. The entire point of a lawyer, however, is like a prostitute. You give them money to take your side no mater the situation. And they are (hopefully) well versed in their field. They are also (hopefully) doing their job eg. Secrecy. Only mention because many fail at either. Sometimes both. Common sense and a strong will goes very far.

Though, to be more honest/blunt, read up on the law here. Lawyers are still often wrong! They are never a get out of jail free card. Most acts and regulations are translated decently into english on the many government websites. If you read mandarin, even better. If you didnt 2 years ago, definitely read through all of them now.

Best of luck :slight_smile:

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I’d be disturbed by that fact. This is a culture where relationships and influence can trump other considerations. I’d get a lawyer and make sure it’s a good one and not worry about procedural specifics at this point.

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Vague? Only if you failed to read the OP. I have stated the point I am at there; I have received a letter from the prosecutor informing me that myself and my accuser have been charged with assault, and, as in the OP, I asked for anyone with knowledge from that point on to share it.

Also, I didn’t ask for legal advice. I asked about the process. I’m really not sure why you wrote such a long post if you were not bothered enough to read what I said.

Ya, thats vague. This is law, the devil is in the details and all that jazz. Dont take it the wrong way. I think we all are trying to help and give genuine advice . But that is truly too vague. And frankly ,posting the amount of details needed to get a detailed response is probably a bad idea. Hence why everyone is saying lawyer. Meaning paid secrecy. I know its not what anyone wants to hear. But it just simply is what one needs to hear…sorry! Best of luck!

What kind of letter did you receive?

Did you get an indictment, an application for summary court?

If you got a summary court application then you were already judged guilty and the case is remanded to the summary court for sentencing. You will then receive a letter telling you what the sentence is. You will not go to jail for this though you may have to pay a fine to stay out of jail.

If you have an indictment then you will be getting summons.

If the charge is assault, max penalty is 3 years. If either one of you drops the case, then the case is dismissed, because assault is not a crime that the government must prosecute (but theft is).

So likely you will try to get him to drop the case against you, and in return you will drop his, after he pays you for any injury incurred.

In fact you will likely be strongly encouraged by all parties involved to settle this out of court.

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