QUESTION
Can I be charged with assault when the only evidence is the testimony of the accuser?
Asked on Nov 02nd, 2013 on Criminal Law - Michigan
More details to this question:
My girlfriend and I were having an argument and she started to grab at my neck. I held her down until she calmed down. She then left and called police telling them that I assaulted her. She had no injuries. No one but the two of us were there.
6 ANSWERS
The statement of the victim is enough to charge the suspect with a crime.
Answered on Nov 05th, 2013 at 5:29 PM
John J. Carney
You can be charged with a crime on the word of the complaining witness but you may have a defense of justification. Retain a good criminal lawyer and never talk to the police about anything.
Answered on Nov 05th, 2013 at 5:29 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes you can. Most assault cases are based on the testimony of the accuser. I suggest that you retain an experienced criminal defense attorney to represent you.
Answered on Nov 05th, 2013 at 5:29 PM
Michael J. Breczinski
Yes her testimony, if believed by the jury beyond a reasonable doubt get you convicted. You have a self defense claim. Get a lawyer and fight.
Answered on Nov 05th, 2013 at 5:29 PM
Absolutely, especially if you forget you have the right to remain silent and cop yourself out. Words = evidence. Remember, no matter what you say it will be twisted around and used against you later.
Answered on Nov 05th, 2013 at 5:29 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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As frustrating as it can be sometimes for defendants, prosecutors will frequently file charges on a he said / she said matter. Being charged is one thing, being convicted is another. They will have to prove your guilt beyond all reasonable doubt and if they persist in trying the case, these types are really good reasonable doubt cases. An experienced, skilled defense attorney is needed to represent you at trial if they insist on having it.
Answered on Nov 05th, 2013 at 5:27 PM