In our article titled, “What Is Domestic Battery? | PC 243(e)(1) – A Defense Attorney Explains”, we discussed the offense of domestic battery, explained its connection to domestic violence, and provided some of the defenses one can use if one is charged with the offense.
After reporting the offense to the police, the victim typically makes a statement describing the violence as well as identifies the offender. The prosecution will use the victim’s statement in court as one form of evidence against the offender.
However, there are times when the victim decides to recant their statement. This article discusses laws surrounding recanting a domestic violence statement.
Domestic Violence – Definition and Penalties
California Penal Code Section 13700(b) defines domestic violence as “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”
Domestic violence is a category of crime with many permutations.
Domestic violence encompasses domestic battery; corporal injury; child abuse, endangerment, or neglect; elder abuse; as well as other forms of abuse.
The penalty for domestic violence depends on the severity of the offense and whether this is a repeat defense.
A misdemeanor offense can receive up to a year in jail. A felony offense can receive up to six years in prison. Spousal abuse cases can receive sentences of up to four years in prison or up to a year in jail. The penalty may also include up to a $6,000.00 fine.
Domestic violence falls under the category of Three Strikes Laws. This means that if a person is convicted of domestic violence in addition to having been previously convicted of other crimes that are considered to be Three Strikes Law crimes (such as First Degree Robbery), they will automatically receive a sentence of twenty-five years to life in prison.
Other consequences that can be included as part of the penalty if one is convicted of domestic violence are victim restitution, loss of child custody rights, and a restraining order to protect the victim.
What does it mean to recant a statement?
To recant means to take back. When a victim of domestic violence recants their statement, the victim seeks to no longer accuse the offender of the alleged abuse. There are a few reasons listed here why a victim wants to recant their statement.
a) Domestic violence is deeply personal and sensitive in nature because the offender is someone the victim knows very well.
b) A victim may have a change of heart and choose to recant their accusation – even if the offender did in fact abuse the victim.
c) A victim’s decision to recant can be influenced by the victim’s guilt for getting the police involved or other psychological factors.
In such a situation, it is best for the victim to not recant their statement. However, if the victim chooses to recant, there is a way to do so.
How to recant a statement without facing the consequences.
If a victim chooses to recant their statement, they will need to file a non-prosecution affidavit. An affidavit is a sworn written statement. In the affidavit, the victim states that:
- They were the complaining witness.
- They do not wish or intend to pursue prosecution.
- They would like the prosecution to dismiss the case.
- They do not wish to be subpoenaed.
- They are not being coerced to retract their statement.
Can you go to jail for recanting a statement?
If a victim provided a statement in good faith but later learned that they had the wrong information, the victim will most likely not face negative consequences.
However, a victim who recanted their statement may have committed perjury which is a crime. Perjury is lying while under oath. If the victim knowingly lied, and they are caught, they can be penalized. Perjury is a felony. The penalty is up to four years in prison in addition to court fees.
In cases where the victim is seeking revenge against the offender and makes a false statement of domestic violence, the victim can also be penalized with jail time for intentionally lying. Not only did the victim waste the police and court’s time, but they also implicated an innocent person.
Can recanting a statement end a criminal case?
Filing a non-prosecution affidavit does not end the criminal case. Even if the victim recants, the prosecution can still pursue their case against the offender. They won’t be able to use the victim’s statement since it has been recanted, but they can use other evidence to show that the offender committed domestic violence. Given the nature of domestic violence, the prosecution will try to pursue the case if they have enough cause to do so.
Get Our Legal Counsel for Your Case
If you are a victim of domestic violence, we are ready to help with your case. The Law Office of David L. Faulkner will fight for you so that you can get justice. We look forward to putting our experience and skills to work for you. Call us for a free case evaluation to get started.
