More details to this question:
this past week my boyfriend was charged with demstic vilonace. they police did not ask me if I wanted to press charges they had me fill out a stamen on what happened. the police officer then told me if I go into court saying that nothing happened or what I wrote was not true he would charge me with a felony filing a false police report. can they? and will I go to jail? I don't have a background never gotten into truble I have a speeding ticket what will happen?
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This is definitely something you could face jail time for. This matter should be handled carefully. Feel free to contact our office at 804-340-5232 to discuss this with an attorney.
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Answered on Feb 05th, 2013 at 11:17 PM
Education and Student Rights Attorney serving Vienna, VA
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Offit Kurman
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This matter needs to be carefully negotiated with the prosecuter. We do represent people in this situation to avoid any charges being filed against them. Please contact Steven David Stone, P.C. @ 703-684-0200 to arrange an appointment.
Answered on Feb 05th, 2013 at 3:20 PM
Criminal Law Attorney serving Virginia Beach, VA
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Law Office of Patrick J. Sullivan, PLC
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Good afternoon. To answer your questions, yes, the Commonwealth may prosecute the crime of domestic assault and battery without your permission to press charges, if the officers have probable cause based on your statements and their own observations at the scene.
If you change your testimony at trial, stating that "nothing happened" or that you lied to the officers the evening of the assault, you could face a charge under 18.2-461, false statement to law enforcement, which is a Class 1 Misdemeanor, not a felony.
Still, a Class 1 Misdemeanor does carry with it the possibility of jail time (up to 1 year). To avoid such a charge, I would suggest that you do not change your testimony from the statements you gave the officers on the night of the assault.
Answered on Feb 04th, 2013 at 3:38 PM