Decatur, IN asked in Personal Injury for Indiana

Q: I thought I got assaulted but it was an accident come to find out. Can I drop charges?

I have severe ptsd (I have documents from my doctor to prove this) from a previous abusive relationship. I was half asleep when it happened. It was dark. And my back was turned. I panicked and went into a panic attack and called 911. He even said "I didn't see you there I'm sorry why are you yelling?" All this info is in my police report. I feel terrible that they might send him to prison over this. He is not a bad person!! If I go and tell the prosecutor I want to drop everything and that it was an accident will I get charges for filing a false report even though it was a misunderstanding resulting from MY ptsd??

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1 Lawyer Answer
Charles Candiano
Charles Candiano
Answered
  • Chicago, IL
  • Licensed in Indiana

A: There is a BIG difference between honestly reporting an assault in error and perjuring yourself to stay in an abusive relationship where the police are used as pawns. Tell them, honestly, how you must testify.

Please understand that Prosecutors and police waste way too much time on abusive relationships where MANY victims call the police when they are genuinely afraid that abuse will go too far, only to refuse to testify against the abuser. It is both frustrating and expensive. THAT is the situation where Prosecutors threaten to bring charges of False Reporting.

NO judge or jury is going to convict your boyfriend/spouse on your facts, with the testimony of your psychiatrist, unless you sustained bruises or other injuries that cannot be attributed to PTSD (read unless you are lying).

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