You don’t go through life expecting to need to know what to do if you’re accused of assault. And when you are falsely accused of a crime — whether you’re falsely accused of assault and battery or another crime — it’s only natural to wonder “if only…” 

If only you could explain yourself… 

If only you could clear up this simple miscommunication… 

If only you could sort things out with the accuser…

There might be a thousand “if only’s” floating through your brain. However, it’s important to remember to stop and clearly think about things. Here’s what not to do and what to do if you’re accused of assault.

Step One: Do not try to clear things up.

While it might seem counterintuitive, the first thing you need to know about what to do if you’re accused of assault is to NOT try to talk things through with the person who has falsely accused you of a crime. That’s right, the first step you should take to defend yourself against false accusations is to not do anything. 

Why? If you do attempt to fix things on your own, you will likely only make the situation worse. In fact, approaching the person who accuses you could be seen as suspicious or even as a form of intimidation. 

And keep in mind, keeping quiet also goes for your interactions with the police. Do not think you have to explain everything to law enforcement — you could unknowingly make the situation worse. Instead, err on the side of keeping your mouth shut and ask for an attorney.

Step Two: Contact an attorney.

As soon as you’ve been falsely accused of a crime, stop what you’re doing (or, as we just discussed, not doing), and contact an attorney. Even if you are falsely accused of domestic assault or another serious crime, you could potentially be convicted. False convictions happen all the time — so take things seriously from the very beginning.

There are a variety of reasons you might be falsely accused of a crime (from misleading evidence to a downright false statement). Because of this, an attorney is absolutely critical. He or she can help you overcome a false accusation by uncovering or disproving evidence, negotiating a deal, removing the accuser’s credibility, and more.

Step Three: Gather evidence.

While you shouldn’t exactly go have drinks with your accuser, it is important to figure out everything you can evidence-wise regarding the accusations. Make a list. Pay attention to what they have to say. Figure out as much as you can. Then, hand it off the information you have to your attorney.

Who is a possible witness? Do you have any receipts, records, or written documents? What types of objects were present during this so-called crime? 

Again, as much as possible, try to refrain from collecting this evidence by talking to your accuser on your own. Leave that to the professionals. You want to shed as little suspicion on yourself as possible so that you can prove your innocence.

Step Four: Prove your innocence and consider suing.

If you are able to prove your innocence, then you might want to consider suing the false accuser. A lot can happen during a trial that can damage your reputation and livelihood, even if false accusations are at play. For example, imagine being falsely accused of assault of a coworker (for which you might need an aggravated assault attorney Houston). You’ll likely lose your job, your salary, your reputation,  and personal relationships in the process of the trial.

There are laws against false accusations. If you can prove that you were accused falsely, then you have the option to turn around and use your attorney to sue the false accuser.

Want to learn more about assault charges? Check out this recent article on assault penal codes and class A assault misdemeanor Texas.

Falsely accused of a crime? Contact Thiessen Law Firm today.

Knowing what to do if you’ve been accused of assault can be like navigating a minefield. A false accusation can land you with a soiled reputation, fines, and prison time. DO NOT take it lightly. Fight back against false accusations with Houston’s go-to criminal defense team. Give us a call today at 713-766-4770 or contact us online to schedule a free consultation.

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Thiessen Law Firm

Mark Thiessen is an aggressive trial lawyer best known for his devotion to justice for his clients and high rank as a DWI Super Lawyer in Texas.