If I was convicted of simple assault 5 years ago which stemmed from a domestic argument with my wife but she were now to recant, is their a way for her to avoid criminal charges?

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If I was convicted of simple assault 5 years ago which stemmed from a domestic argument with my wife but she were now to recant, is their a way for her to avoid criminal charges?

Asked on January 29, 2015 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Whether charges would be brought (e.g. for perjury--lying under oath or on sworn statements) is up to the prosecutor, and they may decline to charge her--but they could. If you wife recants her testimony now, she will render her prior testimony false, and giving false testimony is a crime. There's no way to know in advance what the prosecutor will do.


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