Legal Question in Criminal Law in Georgia

Here is my predicament:

My childrens father and I live together. He was extremely eternally and emotionally abusive to me. I asked him to leave, told him to leave. Called the police on several occasions, only to be told that there was nothing they could do. They advised to go to the courthouse and legally evict him. I did, but never followed through with what I was supposed to do.

His verbal abuse was so damaging to me. I just wanted him out, but I couldn't seem to make it happen. One day we were arguing and as I was turning to walk away from him I tripped on something in the hallway and hit my forehead on the wall. Shortly afterwards, he went to sleep. I noticed that I had a small red mark on my forehead. I was really upset because of the things he had said to me. I already suffer from clinical depression and am a very sensitive person. So I decided that I couldn't handle feeling like that anymore. I called the police and told them that he hit me. I asked them what would happen if he said he didnt do it. They said they would have to send an officer out and they would assist me from there.

So the officers arrive and I meet them outside. I say that I just want them to make him leave. The officer asks me if he hit me, saying he can see the mark on my forhead. I know what happens if I say he didnt physically harm me, so I say he hit me. The officer tells me that I will have to write a statement about what happened. I say ok and let them in the house where he is asleep on the couch. The officer wakes him up to put the handcuffs on him. He keeps saying he never hit me. The officer says that if I am lying I will have to go to jail. At that point im still upset by the things he said and also im thinking I will go to jail if I say I lied. So I let them take him to jail. The officer tells me I have to write the statement. He says to be as detailed as possible and specifically says I HAVE to write 3 things 1. He hit me 2. I am afraid of him (not true) and 3. the reason why I called the police. He was arrested for simple battery and the officer told me he would ask the judge to not allow him to return.

So I accomplished what I had been attempting to do for years. He is finally gone, now I have this guilt. The way he was treating me was wrong, but he doesnt deserve a battery charge.

I have looked up falsifying a police reports and I know what the penalty could be. What are my options? I know I can "drop" the charges, but the state may pick them up. Someone mentioned writing an affidavit stating I was emotionally traumatized. What are the chances I will have to serve time if I tell them I lied. Not that lying to the police is ever ok, but are there any lighter sentences due to the fact that I WAS emotionally abused? And if thats the case will the state turn around and throw a different charge on him?

What should I do?


Asked on 2/24/15, 6:36 pm

2 Answers from Attorneys

Ralph Villani VILLANI LAW FIRM

Hire a lawyer ASAP - you are in enough trouble already without making it worse by trying to fix it yourself

Good luck

Ralph

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Answered on 2/25/15, 6:27 am
Ralph Villani VILLANI LAW FIRM

Hire a lawyer ASAP - you are in enough trouble already without making it worse by trying to fix it yourself

BTW - the crime is against the State of Georgia and YOU cannot drop it (remember the once "the gun is fired, the bullet cannot be put back in the gun")

Good luck

Ralph

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Answered on 2/25/15, 6:29 am


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