Defending Against False Allegations of Assault in Texas

What Should You Do When Facing False Allegations?

It can be hard to keep a level head when you’re staring down legal fees, substantial fines, losing your kids, and prison time. Your first instinct is going to be defending yourself, or even confronting your accuser. What you may not understand is that your criminal investigation starts the moment allegations are made against you. Confronting your accuser can make you appear aggressive, or even guilty. Defending yourself to investigators or prosecutors can lead to your words getting twisted and used against you. 

If you are an innocent person facing criminal allegations, take a deep breath, stay calm, and call Shane Phelps Law for a free consultation. We are ready to take your case and do whatever it takes to prove your innocence. 

Call 979-596-6843 to schedule a free consultation. Let’s work together to prove your accuser wrong.

How Common Are False Claims and Why Do People Make Them?

What makes false claims so substantial is the fact that most claims are factual and come with evidence, meaning law enforcement takes the claims seriously and will dedicate resources to prove them. No one, including you, wants to undermine real victims, but when someone is spreading rumors of abuse or telling the cops you assaulted them, you could end up in hot water. 

Research done by the National Sexual Violence Resource Center cites that false reports make up about 2-7% of all allegations. While that may not seem substantial to most, the people who are forced to defend themselves would disagree. 

False allegations tend to show up during emotionally charged situations, including:

• Breakups where one partner wants revenge

• Divorce and custody battles in an attempt to tip the scales in their favor

• Covering up their own misconduct

• A person is pressured into making the claims by their parents, peers, or institutions

• Someone suffering from mental health struggles makes a claim based on their own sense of reality

Why Are False Claims So Dangerous?

When someone makes a criminal accusation, it sets into motion a series of increasingly important events. You may be arrested on the spot, forced to pay bail just to get your freedom. Law enforcement will begin investigating the claim, asking your boss, family, or partner sensitive questions that can sway their opinions of you. 

Even if charges are dropped, the damage to your reputation, education, and employment can be long-lasting and severe. How are you supposed to defend yourself to your boss when the cops arrested you at work? What if you get placed on administrative leave at your school until your case is settled in your favor? Once in motion, this machine is hard to stop.

What If Your Accuser Recants?

Even if the person who made up the accusation against you admits they lied or tries to walk it back, that doesn’t mean your case disappears. In Texas, prosecutors don’t even need the alleged victim’s cooperation to keep pushing forward. Once charges are filed, it’s the state’s case, not the “victim’s” anymore.

Our team won’t hold out hope that your accuser will grow conscious and recant their claims because it often won’t even matter. We will work hard to restore your good name through aggressive legal representation.

How Do You Prove Innocence When Falsely Accused?

Proving your innocence may have you going against your own instincts. As previously mentioned, do not attempt to convince law enforcement of your innocence. With their interrogation techniques, they could lead you into saying something that you meant one way, but they took it another way. Innocent people accidentally incriminate themselves all the time, especially without an attorney backing them up.

When you are accused of a crime, instead of convincing anyone of your innocence, take measures to preserve evidence. Email yourself screen caps of text messages, call logs, and DMs. If you have video footage, such as home cameras or a ring doorbell, it can be used to prove you weren’t near your accuser during the supposed crime. Witnesses who can attest to your character, back up your alibi, or corroborate your retelling of the events are a valuable resource that can weaken the prosecution’s case.

Your accuser may even cause their own demise. They may have posted something on social media that directly contradicts their claims. Or, perhaps they’ve done this before and they have a history of making false claims.

Working with a criminal defense attorney will help you know exactly where to look; no guesswork is needed.

Can You Press Charges If You’re Falsely Accused of a Crime?

You can certainly pursue legal measures against a person who lies and makes false allegations against you. While you’re free to seek civil damages for defamation or emotional damages, the prosecution doesn’t have to pursue criminal charges. Even though false reports are a Class B misdemeanor, and lying under oath is a crime, prosecution ultimately is up to the DA’s discretion.

If you are looking to hold the person who tried to ruin your life accountable, you will need strong legal support.

Can We Help You Beat Your False Allegations?

The Shane Phelps Law criminal defense team is ready to take on your case and prove that you are innocent. We won’t rest until we have exhausted all options and investigated all of the evidence. 

Your reputation and life shouldn’t be put at risk just because someone decided to weaponize the criminal justice system against you. Call our office today at 979-596-6843 to schedule a free consultation with our team.