Asked in Domestic Violence for Texas

Q: If I file a falsely written affidavit about family violence on a household member impeding breath. What am I facing?

I wrote a statement on my boyfriend for hitting me and putting a pillow over my head. He is now being charged with assualt on a household member impeding breath (3rd degree felony) it was all a lie. What do I do to get his charges dropped and what am I facing?

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1 Lawyer Answer
Joseph Hoelscher
Joseph Hoelscher
Answered
  • Domestic Violence Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: This question comes up often in domestic violence cases. The problem with giving you advice in this context is that it be viewed as witness tampering by some prosecutors. Filing a false police report is a misdemeanor, but if you provided a sworn statement that was false, that could be perjury, which is more serious.If you actually filed it in court or as some public record, that's another offense. However, sticking to your story is potentially criminal as well, particularly if you intentionally lie under oath in court. You should get a consultation with a criminal defense attorney who is NOT your boyfriend's lawyer. Remember to ask that lawyer about the 5th Amendment and how it works in both civil and criminal cases, especially if there is also a protective order case.

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