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  1. #1

    Default My Wife Was Wrongfully Accused of Assault

    State of WA:
    A guy that we were doing business with shows up in our place of business. He pushes my wife, he grabs a part that she was going to give him back as long as he signed a statement that he received it.

    He then 7 hours later goes to police and says 'This lady goes to the door, takes my hand and she slammed the door on my wrist three times'. Not only that he goes and takes pictures and claims that the cast on his hand is from that incident.

    When this even took place, I was on the phone with my wife when she put me on the speaker phone. We also have a witness that proves that these accusations were false..

    The city that we live in , takes my wife to court with assault.. The judge couldn't be less symphatetic to my wife who was actually the victim in this case.

    Today was the court case and my wife was recommended to file 'no contest' to this event. She was told that if she stays out of trouble for next 9 months the case will be dismissed.

    I am just furious that someone can make this false accusation and get away with it.. At this point what can I do to make this guy pay for all the pain and suffering he caused?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: My Wife Was Wrongfully Accused of Assault

    well, my suggestion would have been to not plead no contest to the charges. She has effectively admitted to guilt with the plea. I would suggest any retaliatory actions would be seen as not staying out of trouble and could risk the dismissal of the charges.

  3. #3

    Default Re: My Wife Was Wrongfully Accused of Assault

    Quote Quoting jk
    View Post
    well, my suggestion would have been to not plead no contest to the charges. She has effectively admitted to guilt with the plea. I would suggest any retaliatory actions would be seen as not staying out of trouble and could risk the dismissal of the charges.
    She was told by the judge that she can contest the case but the guy took pictures of his arm in a cast. My wife and another person who were in there at the time knew that his cast was on at the time. The attorney we hired recommended that she should not drag out the court case because there is no guarantee that she would not get convicted.

    I am still furious about the fact that some guy can claim this, file a police report and get a conviction against my innocent wife

  4. #4

    Default Re: My Wife Was Wrongfully Accused of Assault

    But he didn't GET a conviction against your innocent wife - she PLED guilty. The attorney was correct that choosing to take the case to a jury COULD result in a conviction, BUT taking the case to the jury is also the ONLY way to present evidence that the arm was in a cast PRIOR to the event or to get a "not guilty" verdict. On one hand, the outcome is known (the plea), on the other, there is risk of a worse outcome (full conviction) but also possibility of acquittal. If the judge indicates that there is possibility of contesting the case, then she may wish to do so - but she also needs to understand that pleading to charges is read by juries as "I did it" - so if she's going to contest, she needs to be consulting with legal counsel about a strategy to combat the plea already uttered.

    In other words, anyone can claim anything. Getting to the bottom of the facts is the job of a jury. When you plead to charges instead of taking the case to the jury, you are essentially saying that the claim is true (by not opposing it or allowing a jury to come to the conclusion that the claim made was false). A jury can't find you "not guilty" unless they hear your case. "No contest" means no jury.

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