Expected hearing of false report of assault?

Questioner

On June 4th I wanted to confront someone about his behavior. The person attacked me and I defended myself. That person reported assault and was just 10 minutes earlier in calling the police than I was. On October 10th I was interrogated. The officer who conducted the interrogation was not exactly impartial. So I am afraid that I will be found guilty. I think it is all taking a long time. An interrogation after 3 months of the incident and now 1 month after the interrogation still no response. I am not sleeping well because of it. I wonder what I will possibly be punished for and whether it will be a financial issue. My income is just €89 too high to receive legal aid and I cannot pay a fine. Do you know what the consequences could be if I am found guilty?

Lawyer

The Dutch legal system bases its decisions on evidence and facts. It is therefore important to emphasize that an impartial attitude of the officer who conducted the interrogation does not necessarily determine your guilt. If you are accused of assault, the burden of proof will lie with the prosecutor, in this case the person who attacked you. It is also important to know that the Public Prosecution Service (OM) will make the final decision on whether or not to prosecute based on the police report. It may take some time before you are informed of this, and the time frame varies per case. If you are unexpectedly prosecuted, you would have to appear before the judge. If you are accused of assault and found guilty, the consequences may depend on the severity and nature of the assault. According to Article 300 of the Dutch Criminal Code, a conviction for assault can result in a prison sentence of up to three years or a fourth category fine of up to 21,750 euros. It is also possible that the Public Prosecution Service will issue a penalty order, which means that you will be given a certain punishment without the intervention of a judge. This can also be a fine or community service. Sometimes you can file a claim for damages, which means you could be held financially liable for any damage or injury caused by the assault. Although your income is just above the threshold for free legal aid, there may be other ways to get legal aid. For example, there are pro bono lawyers who work at a reduced rate depending on your income. Finally, I recommend contacting a specialized lawyer or attorney to discuss your case and possible options. ---------------- Please note! This free advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.