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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16551
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My boyfriend assaulted me, and neighbors called the police,

Customer Question

My boyfriend assaulted me, and neighbors called the police, I was taken to the hospital, and there are photos of my injuries. He fled the scene, but turned himself in the next day. During the no contact period he was in constant contact with me, and convinced me to sign a non prosecution agreement. Fine, I don't really want to go through pressing charges, but will the prosecuting attorney accuse me of lying and filing a false report?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.

Hello,

My name is XXXXX XXXXX I am an experienced criminal lawyer.

In my experience, while a prosecutor may occasionally threaten to file perjury charges against a complainant, the prosecutor only very rarely will actually do it. One reason is that they don't want to discourage others from reporting domestic violence by getting a reputation as an agency that turns against their own witnesses. So you probably will not get in trouble for claiming that you don't want to prosecute any more.

It's perfectly normal to be very upset after an experience like this and not to see everything that happened clearly. Additionally the police sometimes put words into the victim's mouth. So some differences between what you first reported and what you'd tell the prosecutor now are inevitable. The prosecutor knows this and would be very unlikely to charge you for changing your mind. More likely he will just refuse to drop the case.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16551
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and other Criminal Law Specialists are ready to help you
Customer: replied 11 months ago.

Thank you for your answer. I neglected to mention that my now ex is a police officer. Small town politics are in play... that's why I'm not pressing charges. I am worried about the relationship between the PA and the police dept. and if I will victimized again.

Expert:  Zoey_ JD replied 11 months ago.
Hi,

I understand, though knowing it would not have changed my answers. Police are not meant to be above the law in their personal lives. They may be exempt from suit or prosecution when lawfully going about their duties, but in their private behavior they are no different from anyone else. If anything, they can be held to a higher standard.

No, I still don't see the state coming at your for perjury.

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