Mr. L was accused, and arrested, of assault by beating after an independent witness saw him forcefully remove his girlfriend, Ms. H, from their shared apartment. Ms. H then claimed that he assaulted her during an argument, and forcefully threw her – and her belongings – out of their shared apartment.
When Mr. L first contacted us, our assault lawyers immediately began working on the case, determined to uncover the full picture. During their own thorough investigation, our defence lawyers chased the police and the prosecution for any and all evidence collected, to meticulously inspect it for any inconsistencies or liabilities. Furthermore, they collected character and witness statements to prove our client’s behaviour, how he felt about the relationship, and the fact that he had never hurt anyone else before. Furthermore, his aunt alleged that she knew this relationship would end badly, and had warned him about the complainant.
During the investigation, we discovered that the complainant was a serial abuser, especially while drunk. The two of them had got into an argument about their relationship, and she had come home heavily intoxicated. As she was drunk, she assaulted him, and he defended himself against her assault and took her out of the house, as he followed his instinct to save himself. We formulated a legal strategy that highlighted the inconsistent evidence from the complainant, the mountains of proof of our client’s good character, and his own consistent, objective proof to his self-defence.
Unfortunately, the judge chose to believe the complainant over our client, despite inconsistencies in the complainant’s own statement, and her refusal to answer our defence solicitors’ questions regarding the scratch marks and bruises she had left on our client. The judge found him guilty – though he recognised that our client was defending himself, the judge found that he used ‘excessive force’, and still found him guilty of assault by beating. Our defence solicitors, and our client, were rightly indignant at such an outcome, and immediately filed for an appeal.
Furthermore, the conviction severely impacted our client – he had lost his job and his home because of this false conviction, and was depressed by the outcome, despite being proven that he was merely defending himself.
During the appeal, Stuart Miller’s assault lawyers resubmitted the evidence – including photos of the marks of abuse the complainant had left on our client. During the appeal, the court was forced to drop all charges after the judge reviewed our evidence, and the conviction was removed from our client’s record.
Being wrongfully convicted can have severe consequences – on your career and your personal life. Despite proving your innocence, mitigating factors can sway the bench, and can often be out of your control. If you or someone you know is in a similar situation, please don’t hesitate to contact us now. We’re here to help defend your rights, protect your interests, and guarantee a fair trial. Call us today for a free no-obligation consultation, we’re available 24/7.