Can you be charged with a lesser crime as a victim?
So, while this probably sounds
incredibly stupid, bear with me. I
was trying to buy beer at a gas
station, as I am underage. Went up
to a guy to ask him for beer, he said
okay, took my money and started to
go to buy beer. Then he turned
around pulled out a gun stuck it to
my head and the girl's head that i
was with. He robbed us and stole
everything. He let us go, and we
called the cops. He was arrested,
and they found some of my stuff but
not all of it, i don't know if they
found the gun or not. I told the
cops in my statement i was just
buying cigarettes or gas or
something and the dude came up
and robbed me.
So the question is, can i get
charged with anything for trying to
buy beer, or lying in a police
statement, or can he get off
because i did something illegal? This
may be a stupid question but I
really don't know much about the
1 Answer from Attorneys
Re: Can you be charged with a lesser crime as a victim?
The state can charge you with a crime for trying to buy the beer, but it probably won't. If it routinely charged people in situations like yours, it would encourage others to commit serious crimes against those who commit minor ones. After all, people who expect not to be reported to the police are more likely to commit a crime.
The government is less likely to look the other way when someone makes a false police report, but it doesn't seem that yours was false in any material way. You may not have given a full picture of what you are doing, but you didn't make any false accusations against your attacker. My sense is that this won't matter much to the police or the prosecutor. If the case goes to trial, though, you should expect to be cross-examined about it.
Of course, I can't guarantee how the police or prosecutors will act in this situation.
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