Someone came to my house after being told not to enter premises or property. After we got into a heated argument they went to police and said I assulted them. I have 3 witnesses said I never touched her. She has 1 witness said I did. I was not arrested
An individual can file a police report, but it is up to the prosecution to decide whether or not a charge is filed. When a police report is filed, typically the police will do an investigation. During the investigation the police attempt to view the evidence and interview witnesses to the alleged offense. If the police believe there is probable cause that an offense occurred, they will submit their report to the prosecution. Based upon the information learned by the prosecution, the prosecution will decide what, if any, charge or charges the individual will face. For low level misdemeanor offenses in many jurisdictions, a prosecution can occur based upon a ticket filed by a police officer.
When there is a conflict between witnesses, if the police/prosecution believe there is credible evidence that a crime occurred, a prosecution of the case can still occur. These are issues that are often resolved at a trial, because it is up to the Judge/jury to determine credibility.
If this case is still being investigated, it is recommended that you engage the services of an experienced criminal lawyer.
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