Mr. M was serving his prison sentence in 2020 when he faced an unfortunate situation – of a prison officer standing too close, and risking transmission of the COVID-19 virus. Fearful for his health, Mr. M asked the officer to step back as the prison officers travelled daily, to and from the prison. This request escalated into an argument and a physical altercation, culminating in Mr. M being thrown onto the ground and handcuffed. Subsequently, he discovered he was facing an additional charge of assaulting an emergency worker, which carries a sentence of an extra 2 years in prison.
Fearful for his future after being accused of assault, Mr. M contacted us for representation. Our team of defence lawyers sprang into action, determined to uncover the truth. They meticulously analyzed all evidence related to the assault charges, submitted by police and prosecution. This included obtaining CCTV footage from the prison, body-worn camera footage from the officers, witness statements from those nearby, and character statements from our client’s friends and family to ascertain his character.
After working with CCTV experts to analyse the footage and ensure that it wasn’t tampered with, our assault lawyers discovered the truth – that our client was wrongfully accused, that the argument began with a calm discussion about personal distance due to not wanting to catch the COVID-19 virus, and that our client did not attack or assault the prison officer. This was corroborated by witness statements, and by character statements that showed our client’s unwillingness to hurt others.
Armed with the facts, our assault lawyers submitted overwhelming evidence of our client’s innocence, including defense against allegations of assault, proving that our client was afraid of catching a deadly virus, especially while being held in custody with limited access to medical care. After multiple delays due to COVID-19 restrictions, our defence lawyers were finally able to secure an acquittal, affirming our client’s innocence in this matter, including any assault charges.
Facing an accusation of a separate offence while being held in custody can be particularly anxiety-inducing, as you may face an extended prison sentence, or being held back in custody while you try and prove your innocence. 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 and protect your interests.
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