If someone presses assault charges, maliciously, with intentions to retaliate against and harm another, what are the reprecussions for that person and what steps should the other party take to protect their rights and their innocence? Our rights have been violated because our neighbor chose to lie, just so she and her daughter could actually charge my husband with assault and now we are wondering what steps we should take to protect our civil liberties and our reputation.
Criminal Defense Attorney
Please do not take offense, but LOTS of defendants claim the witnesses are liars, the police set them up or the victim is just out to get them. Attorneys hear this all the time and a lot of the time this kind of statement turns out to be false. This is not to suggest that your husband is not an innocent victim of a neighbor's malicious lies; however, your focus should first be on beating the criminal charges your husband is facing and not on exacting legal retribution for having been accused of committing a crime. Your first step, then, should be to meet with local criminal defense counsel. Every legal matter is very fact specific, and the facts should be explained to an attorney, in person, as opposed to on a message board.
As a practical matter, unless the allegations of your neighbor are clearly and demonstrably false (i.e. your husband was at work in front of a dozen witnesses at the time she claims to have been assaulted, or perhaps there is a security video which clearly contradicts her statement) and unless the evidence leaves no doubt as to the fact her allegations are false, then it is unlikely that anything will happen to your neighbor unless she actually admits she lied when making a statement to police or the magistrate/judge. Focus on beating this charge. Unless your husband wins in criminal court and is vindicated, there will be no opportunity to bring charges (civil or criminal) against your neighbor for lying. If your husband is found guilty, then the Courts will believe that no lie has been told by your neighbor.
Have your husband meet with a local attorney to discuss his case. Best of luck.
The information provided herein is intended solely for educational purposes and does not create an attorney-client relationship. Please contact a local attorney for assistance with your matter.