Legal Question in Criminal Law in California
My gitlfriend and I were in a physical altercation. I did not fight back and was not charged. She was arerested and charged with assault with a deadly weapon (a bat) battery with great bodily harm and DV. I said I did not want to press charges and still don't. She plans to take it to trial Tuesday, and say that it was self-defense, against me. I won't be going to court. Can I be charged on her testimony? We're in CA.
2 Answers from Attorneys
You probably can not be 'charged' because of anything she says, that would have happened at the time, not now. But her attorney may be able to present that claim as a defense to avoid her conviction.
As long as the statute of limitations has not expired, nothing would prevent prosecutors from charging you if they believe your ex-girlfriend's testimony. That seldom happens, but the likelihood it will happen here will depend upon what she says and on what other information / evidence is available.
Good luck.
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