If you change your statement to the police when you are on the stand testifying, you should be prepared for a confrontation of why you are changing your story and likely be asked something along the lines of, "Are you lying now, or were you lying at the time of the statement?" Also, if you do have "second thoughts" about what you originally told the authorities, don't change your story if to do so would cause you to lie, because that wouldn't look good for you, and it may open you up to criminal charges yourself.
If you lie under oath, you could be prosecuted for perjury. This requires the State to be able to show more than just you gave a different statement. They must be able to corroborate your prior statement. Looking at the charges, I would suspect that the State can corroborate your prior statement (you don't get charged with aggravated battery without there being significant injuries)
If you maintain that you are telling the truth on the stand, but gave a statement that contradicts your testimony, you could also get charged with making a False Statement (this is also a felony). In this instance, your testimony that you are telling the truth and the contradictory statement are enough evidence to convict you without any corroboration.
Moreover, if there is substantial physical evidence, changing your statement for your boyfriend is not going to get him out of trouble. First, if you tell a contradictory story, you will be impeached with your prior statement. The jury is authorized to convict your boyfriend based upon your prior statement in such instances. Further, the physical evidence that is sure to be present with the aggravated battery charge will likely lead to a conviction over your testimony.
Do not write anything without consulting an attorney.
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henry lebensbaum, esq.
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