Assault Attorney Assistance Case | Establishing the Innocence of a Client Who Was Unjustly Charged With Assault

The client who sought the assault attorney became involved in a dispute with a neighborhood resident while taking a walk near home.

Harsh words were exchanged, but the client had never committed any assault, yet the client was reported by the other party to the dispute, and an investigation was underway.

The other party, who claimed to be a victim, submitted a medical report, and many circumstances were unfavorable to the client.

To avoid an unjust criminal record and to obtain an acquittal, the client decided to proceed with the case alongside the assault attorney.

▷ Punishment for Assault Under the Criminal Act

The assault attorney stated that even if there was suspicion of guilt for assault against the client, the matter had to be assessed in the client's favor.

However, the only direct evidence consistent with the charges in this case was the complainant's statement.

Accordingly, the assault attorney argued that the complainant's statement lacked credibility.

At the time of hospitalization, the complainant stated that the complainant had been beaten with a weapon.

However, the assault attorney's review found that, during the police investigation, the complainant stated that the complainant had collapsed after being struck by the client's fist.

Pointing to the difference between the statement given at the time of hospitalization and the statement given during the police investigation, the assault attorney argued that the complainant's account had continually changed.

The assault attorney reviewed the statements of the witnesses.

According to the witnesses, the surrounding objects were damaged in the course of the witnesses subduing the defendant.

Based on the witnesses' statements, the assault attorney argued that the damage was presumed not to have resulted from any assault by the client.

Assault is commonly referred to as a “crime not punishable against the victim's will,” and once a settlement with the victim is reached, prosecution is not pursued, so such cases tend to be resolved quickly.

In this case, however, there was no victim and the matter arose from a false report, so this was a case in which establishing innocence took priority over seeking a quick settlement or leniency.

The incident occurred in front of a small shop with no CCTV, which made it difficult to establish innocence, but through collaboration with the in-house investigation response team and evidence examination team, the firm was able to establish the acquittal without incident.