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Can I be charged for assault even if I file first against someone (if the judge thinks I started the assault)?

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My boyfriend and I got into a physical altercation last night in the car and he started choking me. I was pushing him away trying to get him to stop. We both told our side of the story to the police office, with my boyfriend saying I tried to run him over (not true). The office said that because he has more scratches on his face and that he believed him over me, he said he will list me as the initial assaulter, again not true. If I decide to press charges against my ex, and the judge agrees that he thinks I initiated the assault, can I be charged for the assault instead, even if I’m the one filing.

4 Attorney Answers

It sounds like you are already charged. By saying the officer determined you were the initial assaulter, that sounds like you were arrested and accused.
I have been practicing law for about 25 years. I have learned that some jurisdictions are very reluctant to charge both parties since there is only one prosecutors office in each county. That is not to say it is impossible. I have seen it. The police are going to charge whoever they feel is the correct party to charge. It does not necessarily come down to who made the call. If you need further information please feel free to contact me. Thank you. Attorney Sheryl Shane
If the officer said he was "listing you as the initial assaulter", did he charge both of you or only your BF? (If sounds like the officer did not charge anyone if you are thinking of filing charges against your BF.) You need to have a one on one consultation with a local experienced criminal defense attorney to assist you if you decide to bring charges against your BF.
Yes, you can be charged. Speak with a defense attorney. You have to prove your defenses at the trial - mutual combat or self defense etc.

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