Bully behind barsCourt cases, like most things in life, are not always clear-cut. It is sometimes easy to make assumptions about people and pass judgment without hearing the whole story. Snap judgments can be dangerous, especially if they place you on the wrong side of the law.

I firmly believe that everyone is innocent until they are proven guilty and this means that everyone deserves the benefit of the doubt, regardless of how one-sided their circumstances seem at first. Nothing in this world is ever truly black and white, the honest truth always lies somewhere in between and deserves to be uncovered so that it can see the light of day.

This following case is a prime example of how important it is to get the full story out in the open before jumping to conclusions. Even the most cut-and-dry scenarios can fall apart under scrutiny.

Nelson Viveiros

In 2001, Nelson Viveiros found himself facing charges after stabbing another young man twice in the back. Mr. Viveiros spent several years (three and a half to be exact) worrying about the potential jail time he would face as a result of the incident. After a thorough trial, he was later cleared of his charges for aggravated assault in 2005.

At first glance, it may seem like Mr. Viveiros’ actions would lead to him serving time in prison, since he had stabbed a man in the back resulting in serious injury. However, what became clear with further explanation was how the events actually unfolded as a result of an intense relationship with a man who had been bullying him for some time.

Mr. Viveiros and his bully were 16 years of age at the time of the incident. On the day of the incident, Mr. Viveiros described how the other young man tried to lure him outside of his home before “bursting into his apartment”. The bully was considerably larger than Mr. Viveiros and, after a brief struggle, he found himself reaching for a knife sitting on a desk. The aggressor’s hands were around his neck when Mr. Viveiros decided to reach for the knife.

His actions were dismissed on the bases that Mr. Viveiros had the right to “stand up and defend” himself from his attacker. During the proceedings, the bully admitted that he had “repeatedly assaulted, threatened and harassed” Mr. Viveiros.  Once the proceedings had been concluded, the young man who had bullied Mr. Viveiros also signed a “peace bond” that promised he would “stay away from him and his family”.

Things are not always clear-cut; if you have any questions/concerns or are in need of legal advice, contact us for a free consultation.

*Disclaimer:  The information provided in this article is NOT legal advice but fundamental information to be further inquired upon professionally.  You should always consult with a qualified lawyer to obtain proper advice.

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