Legal Question in Criminal Law in Michigan
domestic assult
my husband was arrested for domestic violence. I asked for the charges to be dropped but the procesutor will not do that. he is now facing legal charges and I feel guilty. Some violence did occur but what would happen to myself if I said I filed a false police report?
2 Answers from Attorneys
Re: domestic assult
It would probably result in charges against you too. I wouldn't do that. They can proceed against him even without you. You should get a competent attorney who can keep it off his record assuming it is a first offense. Contact me at www.kliszlaw.com for more info. Tim Klisz
Re: domestic assult
Filing a false police report on a misdemeanor (and I'm assuming that the DV is a misdemeanor, and not a DV 3rd offense felony) ... is itself a misedemeanor. Maximum penalty is up to 93 days and/or $500 fine. The same max penalty as DV. So, you'd face the same possible punishment as your husband, and you would have the record.
Think carefully before you do something as foolish as risking having yourself charged. Your husband might not be in THAT much "trouble". The prosecutor might have a strong enough case to prosecute your husband even without your help (such as a 911 phone call, photos, statements by your husband, etc.).
Also, depending on whether he has a criminal history besides this case, he might qualify for a diversion program under MCL 769.4a where the charge can be dismissed if he completes probation.
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