Did C/W committed Falsely Reporting an incident 3rd degree, PL240.50-3.C.?I was charged with Menacing 2nd and violating TOP.C/W is my wife

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Did C/W committed Falsely Reporting an incident 3rd degree, PL240.50-3.C.?I was charged with Menacing 2nd and violating TOP.C/W is my wife

1:on 09/10/2008 C/W told police that: “her ex-boyfriend showed up at her apartment unannounced and threatened to **** her” , as referring to 1st page of the DIR. 2: C/W was asked to give a signed written statement on 2nd page. C/W wrote: “He met me randomly at Main st Station in Flushing…he then ask to see where I live…we took taxi and showed him where I live…” 3:Page 1/7 of Intake Bureau Crime Report states “…The C/W invited the defendant to her apartment…” You can check:” law.onecle.com/new-york/penal/PEN0240.50_240.50.html” for PL 240.50, thanks

Asked on May 9, 2009 under Criminal Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

What is important here is whether the criminal conduct that your wife reported to the police happened, or not, for determining whether she could be in violation of the statute you cited.  Whether you arrived at her home unannounced, or were invited, probably isn't important, because it doesn't make a difference, really, as far as the complaint she made about what you did.  False reporting is difficult to prove.  If you are found not guilty of the charges, that does not prove that her report was false, only that there was not enough evidence to convict you.

Of course, the three different versions of events that she supplied might prove very helpful in defending you against the menacing complaint.  An experienced criminal lawyer would know how to use these different versions, after getting copies of all the documentation and comparing them carefully, to attack her credibility at trial.  If you don't already have a lawyer, you should find one quickly.  One place you can look is our website, http://attorneypages.com


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