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
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.