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 9 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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