Legal Question in Criminal Law in California

Can I repeal the statement I made to the police if I am the victim?

My ex-boyfriend is facing two charges - felony armed robbery and misdemeanor domestic violence. I told the police that he took my car keys and pushed me down. Yes he really did do those things during our argument. However, I do not want him to be charged with anything and have to go to jail. I know it is the DA pressing charges but can I legally repeal the statements I made to the police? His attorneys say I can legally. Please help.


Asked on 2/15/04, 6:18 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Can I repeal the statement I made to the police if I am the victim?

No you can change your statement, but that would involve some risk to you. The police could charge you with filing a false report, or interfering with their investigation. If you testify falsely in court by stating that he did not push you etc, you could be charged with perjury. Why would consider putting yourself at risk for someone that has physically abused you?

If this is his first offense he will probably be placed on probation and ordered to take the domestic violence class. Depending upon the injries and the policy of the court he may not have to serve additional jail time. It is very unlikely that he will change his behavior without court intervention, and the counseling offered by the court.

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Answered on 2/15/04, 2:00 pm


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