Assualt charge - some questions

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Devill

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Hello All

I would like to ask some questions relating to assualt charges and the South African law.

A friend of mine, let us call him Frank, while drunk, gave a man begging for money R5. The "beggar" then walked to the ATM and drew R200+.

My friend reacted in anger and threw the guy(beggar) to the floor, swore at the guy and then left it. This all happened at a petrol station.

The police got have his license plate number (he does not know how) and they found him when he was about to get into his car, the "beggar" was with the police but he could not positively identify Frank, so the police and the beggar left. (Additional info: Frank says that the beggar had a "wristgaurd" on, so he thinks the "beggar must have been lightly injured)

Now the "beggar" found out where Frank works and phoned Frank's place of work. Frank's boss told the beggar that Frank was on holliday and will only be returning in 2 week's time. The beggar gave Frank's boss a case number and told him that he has a letter(not a warrant for arrest) that, as soon as he can locate Frank the police will arrest him.

Frank has no previous criminal charges against him or any kind of criminal record.

Now I want to ask a few questions, so if someone can help me out with some answers it would be great.

1) What charges could the beggar lay against Frank?
2) What is the maximum sentence/fine Frank could get?
3) Does such a letter exist?
4) What can the police do once Frank has been positively identified? I.e. Can they arrest him on the spot? How long can they detain him?
5) If he was to go to the police and own up, what would likely happen?

If anyone could answer some or all of the questions that would be really be appreciated.

Thank you in advance.
 
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1) Frank can face a charge of common assault, it is fairly minor but if convicted he'd cop a criminal record. And it doesn't sound like he's dealing with a "beggar" here - most beggars wouldn't go to such trouble phoning and tracking him down. There's more to the story than meets the eye.
3) Complainants don't deliver arrest warrants, that's for the cops to do
4) Yes they can arrest him
5) If he goes to the police to own up he better do it with a lawyer in tow, it's a minor charge and he should be able to get police bail. But don't go without a lawyer as the "beggar" might be juiced in with the cops and if so, buddy cops might lock him up and refuse him bail until a court appearance.
 
Frank you say :)

Anyway, the maximum time they can detain him is 48 hours after which he needs to appear before a judge
 
R13... said:
1) Frank can face a charge of common assault, it is fairly minor but if convicted he'd cop a criminal record. And it doesn't sound like he's dealing with a "beggar" here - most beggars wouldn't go to such trouble phoning and tracking him down. There's more to the story than meets the eye.
3) Complainants don't deliver arrest warrants, that's for the cops to do
4) Yes they can arrest him
5) If he goes to the police to own up he better do it with a lawyer in tow, it's a minor charge and he should be able to get police bail. But don't go without a lawyer as the "beggar" might be juiced in with the cops and if so, buddy cops might lock him up and refuse him bail until a court appearance.
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Thank you :)

grav80 said:
Frank you say :)

Anyway, the maximum time they can detain him is 48 hours after which he needs to appear before a judge
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Even for such a minor charge?

And no, it is not me for incase you were wondering :p
 
I doubt if they will arrest him but depends on the detective. I would caution him on making any statements whatsover to the police until he has spoken with an attorney.

That's the reason I don't give money to beggars, no good deed goes unpunished ;)
Rather give to proper charities however that is still no reason to assault someone
 
marine1 said:
I doubt if they will arrest him but depends on the detective. I would caution him on making any statements whatsover to the police until he has spoken with an attorney.

That's the reason I don't give money to beggars, no good deed goes unpunished ;)
Rather give to proper charities however that is still no reason to assault someone
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Thanks. And Frank was in the wrong, there is no excuse to lose your temper to the extent that you assualt someone.

I can not however say that I do not sometimes think about punching some people myself:p
 
Sounds like this beggar is well connected with the police. Frank must go with his lawyer if he intends handing himself over to the cops. And if its PTA central police station, he must be vary careful & say as little as possible to upset those cops, those guys have a HUGE chip on their shoulder & will find any excuse to lock you up. (Talking from personal experience here!)

Also: Frank can lay charges of harassment against the beggar because he is calling his place of work (but first wait & see what the beggar is saying against him first).
 
He is guilty of blatant assault. He kinda deserves chooky. You cant just go and attack people and expect to get away with it.
 
Devill said:
Hello All

My friend reacted in anger and threw the guy(beggar) to the floor, swore at the guy and then left it. This all happened at a petrol station.
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Sure your friend did not do any more than just throw him on the floor?

Either way, surely your friend would not like it, if some bigger guy throws him to the floor and swears him. Think your friend wronged and therefore needs to face the music, highly doubt that anything serious will happen.

PS: Ask him to call a police station and give his details, they should be able to pick up if their is a warrent of arrest on him. If anyting of the sort out for, go to a police station in his area with his laywer present.
 
Should have taken the R200 to make all the trouble worthwhile.
 
/conspiracy theory

What If this is the "beggar's" way of extorting people. Piss them off, get beaten up and get an out of court settlement. Anything is possible.
 
Pynet said:
Sure your friend did not do any more than just throw him on the floor?

Either way, surely your friend would not like it, if some bigger guy throws him to the floor and swears him. Think your friend wronged and therefore needs to face the music, highly doubt that anything serious will happen.

PS: Ask him to call a police station and give his details, they should be able to pick up if their is a warrent of arrest on him. If anyting of the sort out for, go to a police station in his area with his laywer present.
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100% sure. I spoke to the guy that was with frank when this happened. I also advised him to go to the police station and find out if there have been any charges leveled against him, now I will just advise that he go with his legal advisor present.
 
Haldex said:
Did anyone else pick up that Frank the drunk drove away in his car?
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I do not know. But seeing as they can not prove that Frank was drunk it is not really a worry for him atm.
And yes Frank was an idiot.
 
He should counter sue the Beggar for Fraud! :D

The guy was not really a beggar and was extorting money under false pretenses!
 
Only thing that bugs me is how the beggar got all his details, like work nr, etc... are the police allowed to hand out that stuff randomly?
 
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