False Reporting of an Assault

[princess1020]

My question involves criminal law for the state of: Massachusetts. There is a prior record of OUI, 2-3 assaults, where one assault was served in prison for three months in 2006. These altercations were within the past 5 years and with the same individuals. The latest assault was one week ago, arrest was made and bail set at $1,000. What could happen to this individual as far as conviction goes. Also, if the individual states she falsely reported the assault, as to say nothing happened. What will happen to her? Could the case be dismissed?

[Mr. Knowitall]

Can you rephrase your question so that it's possible to know what happened, and what you're trying to ask?

If somebody is convicted of assault after a prior conviction, with the prior conviction having resulted in a three month jail sentence, that person should be expecting a stiffer sentence the second time around. If somebody is falsely accused of assault, that person should get help defending against the charge from a criminal defense lawyer. If the victim wishes to recant, the defendant can discus that with his or her lawyer; but be careful about any direct contact with the victim, as that could trigger additional charges if the prosecutor concludes that the defendant is trying to intimidate the victim into retracting.

[stupidpplsuck]

Guess these people didn't get the hint to just stay the hell away from each other, huh? Can we say "restraining order"?

[aardvarc]

If this is a domestic violence case, prosecutors almost expect a good portion of reporters to try to change their story after the fact (once they realize that the immediate danger is past and that the other half is facing jail). However, saying that you falsely reported a crime means that YOU can be prosecuted for filing a false report. Some people are willing to go to jail to keep their abuser free, others aren't. If there's already been one conviction, and the parties keep getting back together with continued violence between them, the prosecution has a MUCH stronger interest in gaining another conviction and putting the abusive party in jail for as long as possible (guess they didn't learn to change their behavior after the FIRST conviction) as well as asking for a perminent restraining order as part of any release, probation, or parole. They'd rather deal with it as a domestic violence case NOW than be having to prosecute for a murder case later.