I have been arrested for an alleged assault against my brothers ex girlfriend, i however did not touch her....?

if found guilty (which i am not) it would be my first offence and at 32 years old, having no previous run ins with the law i am very very worried that she may be able to convince the police that i am guilty of hitting her, which is what she has told them. There was an incident which was outside the school and there was an argument. There have since been rumours at the school that i had beaten her up (which i hadnt) and i am worried now that the police will hear differently or be given a witness statement which is untrue by her friends. I am mortified at the thought of having to go to court as i am very scared of this person and even more petrified that i may get put in prison for something i have not done. Can anyone give me some reassurance or sensible advice as to what is happening or likely to happen. I have been released on police bail until the end of this month and am really frightened. Thanks.
Additional Details
I live in the uk.

Ben

Common assault only requires the victim to 'fear' immediate personal violence. No touching is necessary, otherwise that would constitue a battery.

For example, if you say, 'i'm going to punch you'. That would be common assault. However, if you said 'next week i'll punch you', there would have been no common assault as you have made it clear that would be no immediate violence, as shown in Tuberville v Savage.

You may feel assured that the burden of proof falls upon the prosecution. So they do have to prove beyond any reasonable doubt what actually happened.

I would strongly advice you seek Professional legal assistance as this is a somewhat serious charge. But do feel free to ask anymore questiosn you have.

You should contact an attorney to help you.

John R

Get ready for a long vacation, I have seen people get up to 3 to five years on a charge like that.

You need a good attorney.

Knuckle Deep

Being charges with Assault doesn't mean that you hit her. Assault can mean verbally, mentally, or emotionally abusing someone to the point where they were in fear of what you might do.

Battery is the actual charge you get when physically hurting someone. If a physical altercation didn't happen then it should all play out in court. Her friends will think differently about testifying that you physically hit her when they realize they will be facing perjury charges. If there is no physical evidence (brusies, cuts, doctors report, etc.) showing that you physically hurt her then you just need to worry about the assault charge. If it wasn't something that was to crazy then you are most likely looking at fines, costs, restitution, and probation. There is a possibility of jail time but for a first offense with no criminal past it should be minimal (30 days or less)

lulu muffin

Try to stay as calm as possible. Acting too scared can look as though you are guilty. A judge knows that friends will lie for friends, so just because she may get people to lie does not mean that she will get away with this. Can you locate any eyewitnesses that are neutral and have no reason to lie for either of you to testify on your behalf? This is the best course for you to take--to find people who not only were present but have no reason to lie for either of you. Plus, if you did not touch her, and she has no medical bills or photographs of her with a black eye or something like that, these cases usually get tossed out. Check through her myspace or facebook pages for stuff, too. A lot of times people who lie and try to get others in trouble can't resist bragging about it. Good luck, and try not to worry so much. Own up to what you did do, which is argue, maybe scream or name call and that it was possibly inappropriate or immature, but conduct yourself with the confidence that none of your actions were illegal.

blt830

Get a lawyer. I know a guy that served time for molesting a girl that he never touched. Get a good lawyer. Good luck.

jerimiah

This is a specialized question and requires specialized help. You need an attorney and you need her yesterday. Don't be scared, be angry, fear is a useless emotion it freezes your responses by creating uncertainty, whereas anger will motivate you to respond. Also with only one offense charged it is unlikely to be looked at more seriously than say if it were reported and repeated acts of violence, or harrasment. also note that I used SHE in refering to an attorney, a female attorney is far more sympathetic to your cause if you are trully innocent, women don't like women who abuse the protections afforded to them.

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