friend is a city employee and wife just filed assault chargers that supposedly happened 1 year ago. she did this because he did not want to be with her anymore. She later went to drop the charges and the city still filed against him and he was arrested. To my understanding there is no photo just an affidavit stating of what supposedly happened
That's all they need. He could get a year in jail and a $4,000 fine based solely on her saying that he assaulted her. Doncha just luv criminal law?
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The affidavit is all that is required. Of course, the State still has to prove beyond a reasonable doubt that the assault actually happened. That is the highest burden in the law, so it's supposed to be really hard for the state to do right? Well, we all know that jury's tend to ignore that burden so get ready to prove that the assault didn't happen or you had a valid defense like self defense or defense of others. Hire an attorney now, and get ready.
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