Q: Is a prosecuting attorney obligated to charge the alleged victim when evidence shows they were the assailant?
A: The prosecuting attorney has discretion on who to charge after reviewing the available evidence and has no obligation to charge anyone. If you are facing criminal charges, the fact that your boyfriend was the main aggressor would be relevant to your defense. You need to be represented by a criminal defense attorney and if contacted by law enforcement, exercise your right to remain silent. An attorney should carefully tell your side of the story.
Nadine Bertman agrees with this answer
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