San Francisco, CA asked in Criminal Law for California

Q: I'm being accused of putting my hands on a female which is a false claim. Can I press charges against her for that?

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3 Lawyer Answers

A: "Press charges" refers to a criminal process. The District Attorney decides who to prosecute, not you. You can make a complaint. If the police or District Attorney conclude that there is evidence of a crime, the DA will make a decision on whether to prosecute.

You can potentially pursue a claim for defamation, or abuse of process. If the person who made these claims, made them to law enforcement, such statements would be privileged, meaning that you cannot successfully sue for defamation even if she knew they were false when she made them. If she made the statements to an "interested person", you would have to prove malice, meaning that she knew the statement was false when she made it.

Finally, even if you could prove a valid claim, you would still have to have someone - either the defendant, or an insurance company - who was willing and able to pay for a settlement or a judgment in order to make the whole thing worthwhile.

A: more info needed, however, police will probably not do anything to the other party.

you can always sue civilly for defamation etc, but pressing charges would be up to the DA.

depending on the facts, you might have an issue with charges against you, depending on what happened.

Manuel Alzamora Juarez
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Answered

A: You have a right to present your defense at your court hearing. If she filed a police report, most likely she got a temporary restraining order against you. In the event you were not restrained by the police, then you may have a right to file a civil case for defamatory statements that caused you damage to your standing in your community. Best of luck.

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