What to Do If Someone Accuses You of Assault and You Are Innocent?

The answer to the question suggested by the title is “it depends”. There is a difference between an acquaintance accusing you of assault on a city sidewalk, and actually being arrested and charged with assault.

In the first case, you should keep quiet and walk away. In the second case, you should hire a lawyer as soon as possible and not make any statements to anyone including the police without first consulting your lawyer. In fact, if you suspect that you will be charged with assault, go ahead and hire a lawyer before you are arrested.

Whether you are guilty or innocent does not matter at this point. What is important is that you do not do anything to make your case worse (like discussing your case with anyone other than your lawyer) and you speak honestly to your lawyer. Tell you lawyer the truth and let the lawyer decide how best to proceed with your defence.

If you are innocent, you may be able to give your lawyer key information that might help you, such as witnesses to the event that you observed. Or where you were (not where the assault happened) and how it may have been caught on video. Otherwise, your job is to rely on your lawyer and keep quiet.

When someone is accused of a crime and charged with a crime, everything above remains the same whether you are guilty or innocent and no matter what the crime is. Keep quiet, and hire a lawyer. If you cannot afford a lawyer, then one will be appointed to you. Rely on your lawyer. 

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.