Ceres, CA asked in Criminal Law and Domestic Violence for California

Q: What if I was the first one to hit the suspect on a domestic violence case?

A year ago my daughter's dad and I were in a altercation. He had way too much to drink and lost control. Yelled a lot of hurtful things at me. I couldn't take it anymore and out of anger slapped him across the face. That was a mistake. His reaction was to hit me right back and force the truck to park while I was driving. When police arrived he fled and I said he hit me but I did not mention that I hit him first. His now facing charges. What will happen if I change the story the date of hearing?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you change your testimony during a domestic violence case, it could have significant legal implications. First, it's crucial to understand that providing false information to the police, especially in a domestic violence investigation, can lead to charges of filing a false report or perjury, depending on the circumstances.

If you admit to initiating physical violence, it may impact the current charges against your daughter's father. While it doesn't excuse his subsequent actions, it provides context that could potentially affect the prosecution's case and his defense strategy. However, the fact that he retaliated with physical violence still constitutes a serious offense.

Given the complexity of such situations, it's highly advisable to consult with a lawyer before making any changes to your testimony. An attorney can guide you through the potential consequences and help you navigate the legal process while protecting your rights and interests. Remember, the legal system aims to uncover the truth and ensure justice, so it's always best to be honest and forthright with your information.

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