Assault Allegation Dropped After Pre-Charge Engagement

We were instructed to represent a gentleman of previous good character who was alleged to have assaulted his former wife in the presence of her friend, who had come forward as a corroborative witness.

The client was able to provide information regarding the complainant’s previous behaviour towards him and his daughter, which had caused them to move away from the area where they had originally resided.

Before representing the client in a police interview, we engaged with the investigating officer in order to provide him with several reasonable lines of enquiry which we felt would support our client’s case as part of pre-charge engagement. These enquiries primarily highlighted the complainant’s aggressive and antagonistic behaviour toward our client and his daughter, as well as offering methods of independently corroborating the same.

We subsequently represented our client in an interview where he outlined the fact that the complainant had made the malicious allegation due to previous difficulties between the parties, and although he had used force upon the complainant, this had been necessary, proportionate and reasonable self-defence given the complainant’s previous behaviour towards him and his daughter.

Two days later, the officer had been able to substantiate the matters raised in pre-charge engagement, thereby confirming the client’s assertions that he had been subjected to harassment by the complainant on several occasions. This undermined the reliability and credibility of her complaint, resulting in the police taking no further action in the case, as there was no realistic prospect of conviction.  

On the face of it, this case presented some challenges, as the client admitted to using physical force against the complainant, which another person had witnessed. It was necessary to contextualise these actions, and this was done by way of pre-charge engagement, which detailed the history between the protagonists and violence previously used by the complainant towards our client. This helped to justify the otherwise aggressive actions as reasonable and proportionate self-defence.

The client expressed their gratitude, saying:

“Darren proved to be very professional, hardworking and efficient while remaining human and empathetic. He was also clear and fair. Nobody can take your hand in these tough situations, but they can go at your pace, lay out the facts clearly and help you focus on the key issues. I felt that Darren knew his area of expertise, demonstrated competence so that I could trust him, and then I was able to get on with matters at hand. It’s a thumbs up from me. Thank you”.

If you’re facing serious allegations following a dispute with a former partner, especially where self-defence is involved, it’s vital to seek expert legal advice early. Our team, including Darren Young, specialises in pre-charge engagement defending against false or exaggerated claims. Contact us today to protect your position before charges are brought.