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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 10-21-2007, 08:36 PM
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False Charge of Simple Assault


What is the name of your state? PA What amount of proof is needed on an simple assault charge, Someone fell and is blaming someone else for pushing him to fall. broken arm and leg. how to prove innocence or guilt, seems to be one mans word against the other. injuries could have happened either way. defendants brother saw this from across street. injured has a drug problem. defendant has priors? tough to figure out

Last edited by iversnow; 10-22-2007 at 09:52 PM. Reason: needed info
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Old 10-21-2007, 10:38 PM
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Quote:
Originally Posted by iversnow View Post
What is the name of your state? PA What amount of proof is needed on an assault charge, Someone fell and is blaming someone else for pushing him to fall. broken arm and leg. how to prove innocence or guilt
The state would have to show that the person was assaulted ... That is to say that the victim was pushed, hit or shoved. This can be shown by statements, injuries, other evidence, or whatever the state wants to bring forth to show that the defendant indeed committed the assault.

What elements must specifically be met will depend on the specific statute the defendant is charged with.

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