QUESTION

Can they charge my boyfriend for battery if there are witnesses but he did not really hurt me?

Asked on Nov 06th, 2013 on Personal Injury - California
More details to this question:
My boyfriend was arrested for battery on myself which is not true there are 3 witnesses saying they saw something but my boyfriend didn't lay a hand on me and I was unharmed but he was arrested and is being charged with battery. I did not press charges against him because this is not true he did not put his hands on me. My question is can they charge him for that ?
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5 ANSWERS

Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Obviously, they can because they did. If they have no evidence for probable cause, they should not have arrested him. If all witnesses told the police he did not hit you, then they had no probable cause.
Answered on Nov 08th, 2013 at 4:30 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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They can charge him with anything. The key is proof. Why would he be arrested and why would there be witnesses if he did nothing?
Answered on Nov 08th, 2013 at 12:03 PM

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When someone calls 911 and reports a domestic violence case (here in Washington state), the responding officer is supposed to make a decision based upon the facts reported to him or her and is supposed to remove the offending person from the premises and make an arrest if he or she believes that a crime has been committed. Many times over the years, women have called 911 out of desperation, and then when the boyfriend or husband has been arrested, the wife or girlfriend has second thoughts and wants to deny that there ever was an assault. Prosecutors have grown tired of the nonsense and will bring charges and subpoena witnesses to prove the case if they think they can get a conviction.
Answered on Nov 08th, 2013 at 12:02 PM

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Ronald A. Steinberg
Yes, and you are foolish to stay in an abusive relationship.
Answered on Nov 07th, 2013 at 11:04 PM

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Personal Injury Attorney serving Pasadena, CA at Law Offices of Pius Joseph
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They can charge him if there are credible independent witnesses. However, you are the alleged victim and if you are claiming that nothing happened , it will be up to the prosecutor to see if they want to pursue the charge.
Answered on Nov 07th, 2013 at 11:04 PM

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