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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have had a dispute with my business partner. He Pushed me.

Customer Question

I have had a dispute with my business partner. He Pushed me. I hit him several times and he fell over, I then pulled him up and ejected him from the building.

We have since sorted things out but he claims that because of a head injury sustained. (I cant see anything) that the police were at the hospital and that they want to interview me

Can they charge me if my partner is not pressing charges?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

Alex Watts :

I assume it was self defence? If so why did you hit him several times? Do you have any previous?

JACUSTOMER-aujai1xj- :

I have no previous and am of good character. the dispute was over access to the accounts and I hit him several times because i had lost it (not great) I could probably argue self defense as previously in the year a guy attacked him with a baseball bat and he managed to beat the guy up and that is on video

Alex Watts :

The Police would need a complaint, otherwise if they do not have a complaint then they do not really have any evidence.

Alex Watts :

If there is a 999 call they could play that in Court and if you could hear you hitting your partner that could be enough to convict but that is generally for domestic violence cases.

Alex Watts :

To convict you of an assault, then need some evidence and they need a complaint.

Alex Watts :

Without this they will not be able to prosecute or would find it very hard.

Alex Watts :

But if they have already taken a statement from your partner that is enough to get the process going.

Alex Watts :

That means you could be interviewed and charged.

JACUSTOMER-aujai1xj- :

Am i best admitting nothing

Alex Watts :

So it is possible they could charge you if they have a statement complaint, if they do not it is unlikely.

Alex Watts :

I would never admit to anything and always take a Solicitor into interview.

JACUSTOMER-aujai1xj- :

To clarify they can charge me even if my partner does not press charges

Alex Watts :

They could if they have other evidence such as a 999 call.

Alex Watts :

But no other evidence then it is very unlikely.

JACUSTOMER-aujai1xj- :

There is no 999 call

Alex Watts :

But if you lost it, in law that is not really self defence.

Alex Watts :

If it had been 1 punch and that was it, then you could argue self defence, but more than one punch you would struggle, especially if he then fell over.

Alex Watts :

No 999 call - that is helpful for you.

Alex Watts :

I would not admit anything then and see what evidence they have

Alex Watts :

But they need a complaint from your partner.

JACUSTOMER-aujai1xj- :

Do they need a complaint to interview me

Alex Watts :

They do, because otherwise how do they know what went on?

Alex Watts :

Unless they saw it themselves of course.

JACUSTOMER-aujai1xj- :

I see thank you, that clarifies things, can you wait a minute

Alex Watts :

Of course.

JACUSTOMER-aujai1xj- :

I have spoken to my business partner, he has made a statement but has reassured me that he will not press charges

JACUSTOMER-aujai1xj- :

He is after a reassurance that it wont happen again and i think that he trying to use the police as leverage

JACUSTOMER-aujai1xj- :

Can my partner withdraw the complaint

Alex Watts :

No.

Alex Watts :

He can give a statement saying he does not support the prosecution - but if he makes a statement it can not be withdrawn as such,

Alex Watts :

If this answers your question I hope my service has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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