What Happens if You Are Falsely Accused of Assault?

If you are falsely accused of assault (or another crime) a number of things may happen or not happen. Under Canadian law we are presumed innocent until or unless proven guilty in a court of law. In today’s blog article, we are going to discuss being falsely accused.

Being falsely accused means someone made an allegation. Here below is what may or may not happen:

1. There may be an investigation.
2. There may never be any charges.
3. There may be charges.
4. There may be charges that are later dropped.
5. You could be arrested and the case could continue to court.

It is important to mention here that if you are charged or arrested (for assault), you have certain rights which you should exercise. The most important of these rights are arguably the right to a lawyer and the right to remain silent. Exercise those rights! Do not make statements regarding your case to anyone including the police without first talking to a lawyer.

If you are charged or suspect you may be charged soon, then you should hire a defence lawyer specializing in criminal cases as soon as possible. After you have engaged a lawyer, follow his or her advice.

Even if you are charged and then charges are dropped or you are never charged or you are arrested and then charges are dropped, it is possible that some paperwork may remain in the hands of local police or the RCMP indicating that you had been charged or arrested. This is a potential problem that you should explore with the help of your lawyer, as this paperwork can have profound effects on your future employment, travel, or immigration proceedings.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients.

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.