What to do if I have recently been charged with assault/ family violence but I called 911 to prevent further assault because I was actually the one assaulted?

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What to do if I have recently been charged with assault/ family violence but I called 911 to prevent further assault because I was actually the one assaulted?

After calling 911 the officers arrived and spoke to us individually. They were given 2 different stories so they decided to charge and arrest both of us. She told them she was also assaulted so she wouldnt be the “only one going to jail”. She wants me to just let it go and pay the fines and basically forget about it. I don’t want that charge on my record nor do I want any punishment that goes with it. She says if I decide to fight this charge she will just stick to her original story rather than admit she filed a false statement to avoid the embarrassment. What can I do?

Asked on July 19, 2012 under Criminal Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need a lawyer. You need to speak with a criminal defense attorney and see how you can catch her in this lie. See if your state has recording laws regarding recordation of this person without her permission.  If you are in public, there probably isn't any expectation of privacy so you may wish to see if your lawyer would agree to have her say something to you in public and record it. Ultimately, the best thing to do is be proactive. It cannot simply be her word against yours; you will need to show she is lying.


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