The Accusation Maybe False, But the Consequences are Very Real
Being falsely accused of assault by a spouse or significant other can be an infuriating, confusing, and frightening experience. False accusations can also suddenly place you in a great deal of legal peril. In a matter of minutes – after an argument or fight or even without seemingly any warning – you could find yourself sitting in the back of a Colorado Springs squad car, arrested for domestic violence. Colorado prosecutors will be equally swift in charging you with this serious criminal offense.
The things you say and do in the minutes, hours, and days after you have been falsely accused of assault will play a significant role in how your ordeal unfolds and ends. Do the right things, especially hiring an experienced domestic violence defense attorney as quickly as possible, and you increase the odds of a positive result. Do the wrong things, and you face harsh and long-term consequences.
That is why you need to keep your head and your cool if arrested or charged with domestic assault based on false allegations. Keep a bad situation from getting worse by taking these three steps to protect yourself, your rights, and your future.
1. Contact an Experienced Criminal Defense Lawyer As Soon As Possible
One of the biggest and most common errors made by people accused of domestic violence is thinking that they can resolve the matter on their own by (a) reconciling with the alleged victim, or (b) convincing them to “drop the charges.” Unfortunately, it doesn’t work that way.
Victims don’t decide as to whether to seek a conviction after an arrest for domestic violence, prosecutors do. Since Colorado Springs prosecutors aggressively pursue domestic violence charges, attempting to defend yourself, accusing the victim of lying, or believing that you can simply talk your way out of your predicament could be catastrophic mistakes. Your rights are on the line immediately after the police show up. That’s why you need to immediately call a criminal defense attorney if you believe you have been falsely accused of assault.
2. Document Any Injuries You Have
Often, people falsely accused of domestic violence suffer their own injuries in the incident that led to their arrest. Domestic violence is not always a one-way street. Sometimes, the person charged with assault is actually the victim of the assault. But when the police arrive at the scene, they can make snap judgments or incorrect assumptions about who was the perpetrator and who was the alleged victim.
After being accused of domestic violence and assault, you may realize that you suffered injuries during the incident. Maybe you responded in self-defense after the alleged victim attacked you, leaving you with “defensive injuries” such as bruises, cuts, scratch marks, bite marks, or other injuries. Try to document and take photos of your injuries and seek medical attention as soon as possible. These pictures and any medical records reflecting your treatment for your injuries can be key pieces of evidence your defense attorney can use when preparing your defense against domestic assault charges.
3. Follow All Court Orders
In many domestic assault cases, the judge will order the accused to have “no contact” with the alleged victim or their children or place other restrictions and limitations on the accused’s rights. Such protective or “restraining” orders can keep you from seeking your kids or prohibit you from going to your own home.
When you know that you are falsely accused of assault, these restrictions can be infuriating and painful. But as unjust and unfair as such an order may be, violating its terms will not make things better. If you ignore or violate any no-contact order or order of protection, you do so at your own peril. Breaching a court order can itself subject you to additional penalties on top of the assault charges you already face.
There will be a time and place to fight a protective order. Once you’ve retained a criminal defense attorney, they can take the appropriate and necessary steps to lift or modify the order as part of their overall efforts to fight the assault charges and protect your rights.
Falsely Accused of Assault?
Of all the mistakes you can make after being falsely accused of assault by your spouse or significant other, trying to handle the situation on your own may be the worst. Without an experienced assault lawyer protecting your rights and guiding you through the next steps, you could cost yourself the chance of a case dismissal.
If you face false charges of assault, please contact James Newby Law today.