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ACT What to Do if Charged with Assault?

Discussion in 'Criminal Law Forum' started by Sam_sam, 14 October 2016.

  1. Sam_sam

    Sam_sam Member

    14 October 2016
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    Hi Guys,

    I have been presented with the following situation and would like some legal/ general help, which would be appreciated.

    In a nutshell - more details can be provided:

    Recently, I had a road rage incident between myself "A" and another person "B". The rage ended by person B driving off, as I had lost the plot and I began to leave the scene. Keep in mind it was an exchange of words, shouts, some swearing and excessive use of the horn.

    As I left the scene, wanting to just calm down, someone from a parked car yelled at me to "slow down, you bloody d-head", followed by a racial slurr. I completely lost my cool and was confused as to who this character was and why he was having a go at me, as I hadn't sped or affected him in anyway.

    I parked and approached his car yelling at him. At this stage, I would've had an anxiety attack or panic attack of some sort as I had no control, but I was not going to hurt him unless he hurt me first, back and forth, back and forth. The man copped a spit, not on him but at his direction.

    There were people quick to pull their phone out and record, but they wouldn't have been close enough to record the close up.

    Later on a few days later, I receive a call from the police as they would like an interview, because this man has put a report in and they want to charge me for common assault.

    Here is some background on me;

    I am almost 30 - no criminal record in the past. I've been a public servant for almost 10 years - never been disciplined at work. The usual speeding tickets but all are paid.

    This year I finally broke down and experienced depression and realised what anxiety was. I put so much load on my shoulders that I broke down. I look after my elderly parents and that has taken its toll as well. It's not easy looking after elderly folk but it's my duty.

    As a man I find it weak to seek help and talk, perhaps talking to someone would help but I have never contacted any organisation. I did, however, take 2 weeks stress leave for the first time ever mid-year and was prescribed anti dep medication which I stopped taking after a few days..

    Here is what the real me thinks;

    The guy that put the complaint against me had nothing better to do and saw a flame burning and decided to pour fuel on it. The people around him, who call themselves adults, not one of them tried to defuse the situation.

    If I saw someone like that who had clearly lost the cool, I would try and calm them down instead of taping and letting it go on and escalate. I probably look like a monster on the video. I lost my cool and these people exploited it. My pride goes against apologising to him for the incident. But all this said it is my first time dealing with this matter, and I have always been honest in my life even if I had to lose.

    This case is different but, it holds something called a conviction and I do not want that. Personally I do not judge someone by a piece of paper telling me they have had a conviction, unfortunately society does.

    Thankfully I declined the interview to the kind police officer whom then mentioned to me after that it was def going to court.

    My question is;

    >Will this get squashed in court based on the offence - clearly not otherwise the officer would not be pursuing it?

    >Am I better off being honest as I always have and explain to the judge that it was out of character as I was going through a lot of mental issues at the time and stress and it wasn't un provoked, many people refuse accountability and always blame others.

    I take account that I was to blame as I lost my cool, but he was not innocent either, it was a amicable contest and the bystanders, most likely his work colleagues were aiding it on. I could get character references and ask to not be punished with a conviction as it is my first time in court or being charged

    >This is my least favourite for the reason of being dishonest, should I say I didn't sp*t and get them to fight it against what evidence they have. I would like this for the satisfaction of not giving him the win. If I win, but It's not me, and I would be lying.

    Any assistance would be appreciated.

    I have heard mixed reviews;

    >Oh, in court, no one cares about you

    >It's all about the law and how you work around it

    >Evidence and witnesses - which I have none

  2. Rod

    Rod Well-Known Member

    27 May 2014
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    Get a lawyer if the police arrest you, or charge you. You don't want a conviction of assault on your record.

    Much of what you said is not a defence, but may help mitigate the sentence if you are found guilty.
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  3. Gorodetsky

    Gorodetsky Well-Known Member

    21 February 2016
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    Don't give the police an interview.


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