Assault Charge

[sx400]

NY Situation; My girl friend finds out I am talking to another girl on the phone, becomes completly enraged and becomes physical, hitting, kicking, scratching me,...... long story short,...I called the police, she gets in the car and leaves, police come to my house, see the damage and ask me to have her arrested, and restraining order placed on her, I refused to sign the complaint, (i truley didnt want her arrested) When the police went to her house to question her, she paniced, thinking that they were there to arrest her, and lied in her statement and said that I assaulted her. I was arrested for assualt 3rd and now am faced these charges. She has since apoligized to me and has tried calling the DA's office to drop the charges, they will not do so. She has even written letters to the DA requested the charges be dropped. They will not do so. She is affraid that if she tells them that she lied in her police report, that she will be arrested for purgury.
Can she talk to the judge and tell him the truth without getting arrested for purgury ??? Any advise would be greatly appreciated. Thank You

[Curt581]

Lemmee get this straight...

The two of you have a fight. You claim she beat you up and left. You call the cops, then change your mind, and decide you don't want them to do anything about it.

When they talk to her, she turns it around, and claims YOU beat HER up.

Now you are totally shocked and dumbfounded when YOU get arrested.

That pretty much the gist?

If I was the DA reviewing with this story, I'd charge you both with Disorderly Conduct-DV, and both with Obstructing Police... her for lying, and you for calling the cops and refusing to sign a complaint.

You both should be ashamed of yourselves.

[sx400]

Thank you for your response;
I called the police to have her escorted off my property, not to have her arrested. I asked her several times to leave the property, she refused and continued to be violent, that was my reason for calling the police. Thank You

[Curt581]

Originally Posted by sx400

I called the police to have her escorted off my property, not to have her arrested. I asked her several times to leave the property, she refused and continued to be violent, that was my reason for calling the police.

The police are not bouncers in a tavern. They don't just "escort people off properties" and leave it at that. If they are presented with evidence of a crime, they are required to act. Especially in the case of domestic violence. The DV laws require that the primary aggressor be arrested. There is NO discretion. The arrest is mandatory.

If she's not the primary aggressor (since you decided not to sign the complaint), then it's YOU.

[sx400]

Originally Posted by Curt581

If she's not the primary aggressor (since you decided not to sign the complaint), then it's YOU.

Now there's justice for ya! Basically what you are saying is that anyone can falsely accuse anyone, and have them arrested, as long as they do it first.....
At this point im more concerned with how to get out of this, rather than how it happened..... can she admit to the judge that she lied in the statement without getting herself arrested for purgury?

[JETX]

Originally Posted by sx400

Can she talk to the judge and tell him the truth without getting arrested for purgury ???

Sorry, but your post makes no sense. The police don't arrest anyone based only on the statement of the 'victim'. They have to actually see some evidence (bruising, cuts, scratches, etc.) to make their case.
And they don't need her statement since they will simply present the evidence that they witnessed and the statements made.

In fact, your post is even more suspect since you claim to have been the injured party.

[sx400]

There was a bruise on her cheek, self inflicted, from her swinging a dog leash at me that missed me and hit her.
My point is, she has admited her mistakes and want the charges withdrawn, how do we go about that?

[Curt581]

Originally Posted by sx400

Basically what you are saying is that anyone can falsely accuse anyone, and have them arrested, as long as they do it first...

No, not at all. There usually has to be some corraborating evidence. It sounds to me like there was some when the cops talked to you.

The DV laws were written to avoid having the cops continuously respond to an address for repeated DV complaints. It's supposed to protect the victims (usually female) against retaliation and further violence, and to cut down on victims recanting during investigation.

That's why DV complaints are some of the scariest things cops have to handle. Lots of officers have been assaulted by wives, while trying to arrest the husband for beating her up.

People call the cops expecting them to "make the person stop", but not actually arrest them... when that's obviously impossible.

Unfortunately, the pendulum has swung the other way. They've taken away most of the discretion police had in dealing with such things. It's also resulted in the vast majority of arrests being "No Processed" for lack of victim testimony.

At this point im more concerned with how to get out of this, rather than how it happened..... can she admit to the judge that she lied in the statement without getting herself arrested for purgury?

It will not be "perjury". Perjury is lying under oath, like in open court.

It might be Obstructing, or your state's similar law against lying to the police.

[sx400]

Originally Posted by Curt581

It might be Obstructing, or your state's similar law against lying to the police.

And what would be the probable outcome if she were accused/arrested for Obstructing?

[JETX]

Originally Posted by sx400

My point is, she has admited her mistakes and want the charges withdrawn, how do we go about that?

You don't.
Due to the number of domestic violence victims who tried to withdraw their complaints ("He really didn't mean to hit me!" or "He really loves me!") only to have them get beat up again.....
the law doesn't allow for withdrawing the complaint. The charge will go to court.... and let the evidence and statements by the victim (if applicable) and the officers be heard.

So, if she were to try to withdraw her complaint.... at worst she might also get charged with making a false report. And for nothing, as the case will go forward.

[sx400]

Oh boy,.....great. Well, even though it wasnt good news,.. thanks for your advise guys.