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  1. #1
    Join Date
    Apr 2011
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    2

    Exclamation Exaggerating on a Police Statement

    My question involves criminal law for the state of: New York


    This past week I filed a report against my ex-boyfriend. A few months ago he beat me up pretty bad. Well, we broke up the other night and he changed the locks on my house. So i called the police to get that staightened out. Well when the cops came, my father brought it up about how he was abusive. I ended up giving a statement, in which he was arrested for assault in the 3rd. Now on my police statment, i exagerated out of anger. I feel horribly guilty and want the truth to be told. My ex agrees to taking his punishment for what he did, because he knows it was wrong. on my statement i made it seem like he didnt want me going to the police or to the hospital for my injuries. Which isnt true, he actually wanted me to do both. I would like the truth to come out, but not sure of what the penalty for exagerating on my statement would be. Any advice would be greatly appreciated. Thank you

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Exaggerating on a Police Statement

    He's charged with beating you up, and from what you have told us he's guilty.

    You are telling us that he wanted you to get medical treatment, which is plausible but suggests that he knew that he had inflicted serious injuries, and that he wanted you to report him to the police... which you did, and he appears to be appropriately charged as a result of his battering you, and yet here you are trying to... do what? Get the charges against him dropped? I personally don't find it plausible that he would have wanted you to have him arrested and charged, but if you tell the prosecutor that he in fact wanted that to happen and that you misled the police into thinking he did not... I guess there's a small chance the prosecutor will believe you. I just don't see how it's relevant to the charges he's facing for battering you.

  3. #3
    Join Date
    Apr 2011
    Posts
    2

    Default Re: Exaggerating on a Police Statement

    i guess the ultimate question i have is what kind of trouble i will get into for doing so? And yes, he really did want to call the cops on himself the night it happend..but i begged him not to. Crazy i know, but true.

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Exaggerating on a Police Statement

    There is nothing you can do about the assault charge. He assaulted you and was arrested for it.

    If you told the police that you exaggerated in the report, the assault charge will still stick.

    If he were charged with terroristic threats, then maybe that charge could be dismissed if you told the police you lied in the report when you stated that your boyfriend stopped you from reporting the assault on the date it happened.

    But to answer your question:

    You could be charged with any one of these three charges.

    Falsely reporting an incident in the third degree (N.Y. PENAL LAW § 240.50)
    No more than 1 year imprisonment; No more than $1,000 fine

    Falsely reporting an incident in the second degree (N.Y. PENAL LAW § 240.55)
    No less than 3, nor more than 4 years’ imprisonment; No more than $5,000 fine

    Falsely reporting an incident in the first degree (N.Y. PENAL LAW § 240.60)
    No less than 3, nor more than 7 years’ imprisonment; No more than $5,000 fine

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