Would he go to jail if I testify for him? 8 Answers as of September 25, 2013

My husband and I got into an argument which led to us fighting for a backpack. He tried to grab the back pack off of me and I being defiant held onto it and fell grazing my ear on the piano which I was next to at the time. He leaned over me to grab the back pack and I being defiant again held onto it forcing him to kneel on my hip area. He then left and I called the police angry and upset. I was just trying to get him in trouble for something we both played a part in. I never wanted to press charges. So if we take it to trial will there be a good chance that we would win if I testify for him and say he didn’t do anything except try to get his backpack from me? He’s a big guy 6’10”, 400+ pounds. No matter what we were doing he could easily make me fall weather he was meaning to or not. I myself have anger issues and depression and I proof to show I do. How likely would we have a chance of winning? I’m 18 with a new baby. I have post partum plus regular depression. I’m easily angered. I don't think about my words or actions when I’m upset and I have past notes from my therapist to prove it. My parents are willing to testify for him as well and anyone in my family. The prosecutor has pictures of the piano and of myself. I don't have any injuries and neither did the piano have any proof I hit it. They took the wrong photo of the piano anyways. I don’t even believe I hit the piano. I was just angry and trying to make it sound bad.

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McHale Law Firm
McHale Law Firm | R. Michael McHale
If your husband has a lawyer tell him you want to sign an affidavit of non prosecution. Hopefully that will be enough to get the State to drop the charges. You would do you husband more good by refusing to testify at all.
Answer Applies to: Louisiana
Replied: 9/24/2013
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
First of all, you are not the one pressing the charges. This is a criminal matter in which the prosecutor files charges on behalf of the State. You are but a witness to the alleged crime. In domestic violence cases, when someone calls the police to file a report, the law mandates that someone be arrested. In this case it was you boyfriend. The police have no choice. You called the police and you gave a statement, both of which contributed to his arrest. Along with that, the police saw evidence of physical violence.
Answer Applies to: Washington
Replied: 9/25/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Once you testify the jury will determine what happened.
Answer Applies to: Georgia
Replied: 9/24/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
At trial when you are on the stand, you need to testify truthfully. If your testimony is different from the statement you gave in the police report, the District Attorney will use that to show that your statements are not the same. It will be up to the jury at that time to decide if you are telling the truth at trial or when you made your statement in the police report. The District Attorney will have evidence that battered women change their story latter out of fear or need for the defendant to provide for the family.
Answer Applies to: California
Replied: 9/24/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Nobody will believe you. The prosecutors will try their best to make your original statement stick. Understand that prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. He needs a good lawyer.
Answer Applies to: California
Replied: 9/24/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If you testify as you have written then he may not go to jail. Was it his backpack?
    Answer Applies to: Michigan
    Replied: 9/24/2013
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    You could find yourself receiving false police report or perjury charges if you are not careful. People need to think twice before they pick up the phone and invite police into the personal family situation, because once there, they cannot be evicted. The police should never be your first resort, unless you plane on going the whole way they are not your friend; they are only their own friend.
    Answer Applies to: California
    Replied: 9/24/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    He will likely go to jail, and needs a good lawyer to get the help that will stop this from happening.
    Answer Applies to: Nebraska
    Replied: 9/24/2013
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