Mack Law BlogWould state attorney drop a charge(domestic violence) in this case?

Question:

I had an argument with my fiance, and it went heated. She threw her wallet to me, and I got extremely mad. I kicked her dresser, and it broke down. Then she slapped me, and I grabbed her wrist to hold her still. She tried to get away, and during this situation, she made some scratches in my chest. Then, I started to throw foods from the fridge and poured stew on her; it wasn’t boiling. I told her I would break everything in her house and the glasses. Maybe she was afraid of me, so she called the police, continued crying, sobbing until the police officers arrived. I waited at the scene, and we two wrote the statement separately. I overstated somehow; I was extremely nervous and just wrote the words from the officers’ mouth. She was arrested for domestic violence and spent a night in the jail cell. The officer took photo of my chest of scratches. Her charge is domestic battery, 1st degree misdemeanor, and I feel regretful and bad about this whole situation. I made written request for asking drop charge to the prosecutor. Is there anything I can do for her? Is there any possibility the prosecutor drop her charge?

Answer:

It depends. That is sad that this situation resulted in your fiance’s arrest for a situation where you both were at fault based on what you wrote. The prosecutors office have a specialized unit which is trained to prosecute these cases even if the alleged victim (you) are uncooperative or want to drop the charges. The prosecutors regularly prosecute cases where the alleged victim does not want to prosecute or wants the charges dropped. For the best chance of success have your fiance hire a lawyer or if she already has a lawyer contact her lawyer and see how you can help to dismiss the charges. Best of luck!