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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22303
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My friend charged assault female. he is international student. there is no eye wi

Customer Question

My friend charged for male assault female. he is international student. there is no eye witness or evidence to prove that the he assaulted her. police asked him about that but he he don't remember because he was drunk and he dint accept anything. but he do remember what happened and it was not assault she was lying and he was self defending unfortunalty he dint say that to police . police asked him to come to court.now he is scared that they may deport him or put him in blacklist so he can't go for further visa. what he should do for this.
Submitted: 1 year ago.
Category: New Zealand Law
Customer: replied 1 year ago.
is there any possibilities to explain to court what all happened exactly?. he is scared that court may think he lying because he said to police that he don't remember.
Expert:  Chris The Lawyer replied 1 year ago.
He can defend this charge and give evidence to explain what happened. The risk if he was drunk is that he may not be a good witness. But he needs to get a good lawyer to help him with the charge because there is a risk that he will be deported if he is convicted. There are other possibilities including winning the case, although as I mention above, if he was drunk this would be hard. But he could negotiate the charge with his lawyer helping and possibly even get discharged without conviction.
Customer: replied 1 year ago.
so is that okay to explain to court what happened exactly because he said to police that he not remember ..?? and at that situation actually both were drunk..
Expert:  Chris The Lawyer replied 1 year ago.
He can explain what has happened to the judge. But he would be best getting a lawyer to help, and the lawyer can explain for him.
Customer: replied 1 year ago.
This incident happened in a closed room. so no one knows what happened inside.there is no bruises or make on her body but she said that he strangled her. but what all she said thats happened outside the room she was lying because there are eye witness and proof. will this proof support his case ?? and she submit complaint to university for this case and the statement she gave is different from police statement she gave. will this help him..?
Expert:  Chris The Lawyer replied 1 year ago.
If her statements are inconsistent, then that can be used against her. He can defend the case and his lawyer will be able to bring out the inconsistencies. He can also explain in his evidence what really happened
Customer: replied 1 year ago.
she texted him next morning after the incident that they can still be friends but he dint reply for that. will this text message help him.?
Customer: replied 1 year ago.
His partner is New Zealand citizen. but they just got married. will that help him to stay here if he is convicted.?
Expert:  Chris The Lawyer replied 1 year ago.
The text will help, and perhaps some marriage counselling when the time is right. He will need to get anti violence counselling too
Customer: replied 1 year ago.
people saw her laughing and smiling after some time of that incident and telling his friends to make sure that he is a sleep. are these eye witness gonna help him.?
Expert:  Chris The Lawyer replied 1 year ago.
That could be used as witnesses if needed
Customer: replied 1 year ago.
Will court accept the statement if accused and victim were drunk at that situation and there is no eye witness for that..??
Expert:  Chris The Lawyer replied 1 year ago.
The Court will certainly want to hear evidence about the fact that both were drunk. But your friend should be aware that being drunk is not a defence for assaulting someone.
Customer: replied 1 year ago.
If its common assault will this effect his visa.??
Expert:  Chris The Lawyer replied 1 year ago.
This can affect his visa. Immigration may ask him to explain this or be deported
Customer: replied 1 year ago.
pushing is an assault.?? he accepted that he pushed her but there is no injury.. is this really going to effect his case and visa..?
Expert:  Chris The Lawyer replied 1 year ago.
Pushing is an assault, because a touch is all that is required. However this will be very important for sentencing. He will not get a jail sentence, and because of the risk to his Visa, I strongly suggest he sees a lawyer to see if he can apply for a discharge without conviction, because that will be safer than a conviction.

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