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Accused Of Assault But It Untrue

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BigRooster | 19:14 Mon 16th May 2022 | Law
18 Answers
5 months ago I had a argument with a neighbour over selfish parking got a little heated but that was about it and thought that was it . Then last week got a visit from the police saying I’ve been reported for assault that happened 5 months earlier I couldn’t believe it .
I said nothing happened and why so long to busy he said so they want me to go in to make a statement in a weeks time .
This has never happened to me before how should I approach this because I’ve done nothing wrong .

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First thing to do is see a lawyer.
Question Author
What I also forgot to mention the police said there’s no witnesses or cctv just his word
Tell the truth, the whole truth and nothing but the truth.
Thank them for their kind invitation and politely decline.
Question Author
Well yes definitely telling the truth but decline surly you can’t do that
Take your time to go over and over what happened and when (or as near as you can say). Be honest and list anything untoward that has happened with this neighbour. Write everything down as best as you can remember. Consider if you have ever threatened this person in any discussion.

Do you live on your own or was there anyone with you at the time of this alleged "assault"?

It does seem incredible that this has come up after such a long time, BigR.

I would go to the police station, word perfect on how I recall the argument. Stay calm when being interviewed. If you do your homework now you will have answers ready for the police without getting flustered.
//What I also forgot to mention the police said there’s no witnesses...//

Yes there is - your neighbour and you.

On what exact date did this happen.
I wouldn't worry too much when it has no witness or cctv. I had similar issue with the neighbour and they reported me to the police. The police turned up and I told them I am glad they turned up. So I reported them that they abused me as well. Both sides has no witness. So they can't do anything. Everything dropped.
Question Author
Thanks for answers All makes since . Was told it taken 5 months because the police were to busy yet the neighbor statement was same day makes no sense
Did either of you’ touch’ each other ?
//Thanks for answers All makes since //

It doesn't really because you haven't been given answers to the questions you raised (and some that you didn't).

You do not have to provide a statement. You can do so voluntarily if you wish. If you do, there's a few things you should be aware of:

1. If you are interviewed under caution by the police (and they must caution you if they want to use anything you say as evidence) you are entitled to have a solicitor present. You do not have to pay for this.

2. "Assault" does not have to necessarily involve physical contact. An assault is "...any act by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence." The critical phrase is "...causes another to apprehend immediate unlawful violence." If someone believes they will suffer violence, that is enough to make out an assault charge.

3. If you are to be charged with Common Assault (and from your description there seems no injuries evident which may support a more serious charge) the police must begin court proceedings within six months of the date of the alleged offence. That's why I asked what the exact date of the incident was. If it's taken them five months to get round to contacting you and they need another week before they interview you, they don't have too much time left before you can tell them to go forth and multiply.
Question Author
They are alleging I assaulted them which never happened
I just can’t understand why they said it
They are alleging it because that's sometimes what people do following an argument.

So when did it happen, then? It's somewhat important if you want proper advice.

Given that the police will not attend a reported domestic burglary, I can only assume that the party that reported the incident are on friendly terms with the local police.

If this proves to be so, you should be extremely careful in your dealings with the police who may not be acting with impartiality in relation to this matter.
// First thing to do is see a lawyer.//
yup see a lawyer BEFORE you go for the interview

I dont even know if you should turn up for the interview ( he will )
oops sozza NJ has just answered that
I wouldn't bother making a statement - the police have only his word to go on - if you don't say anything - they can't prove a thing.
// but decline surely you can’t do that//
you need a lawyer in tow if you speak to the police

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