Q: My partner of 15 years and father of my two kids was recently arrested for aggravated assault.
The neighbors called it in. He’s been a good dad and never has there been any abuse before. I asked the cops not to press charges. Is there any way to get the charges lowered?
A: Tough question to answer given the little information you provide... Feel free to give me a call and we can discuss in more detail.
A: With domestic allegations, the police almost always make an arrest. And even with your protest to the police or the District Attorney's office, the case is going to be pushed forward. Unfortunately, any discretion that the prosecution used to have in domestic violence cases seems to have eroded over the years. However, there is something you can do to help: get him a criminal defense attorney. I have had many similar situations and with a lot of effort, many dismissals. But it may be several months and with the help of the right attorney before the end of this case.
A: If you're looking to retract any statement that you may have given the police alleging assault against your partner, that's typically not possible; and the DA may decide to proceed against your partner on the statement you gave and the neighbor's testimony re: a noise disturbance. As for lowering charges, you can see if your partner's attorney, if any, can negotiate that with the DA. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.
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