Q: If theres a minor injury due to a domestic dispute but the victim confirms its not on purpuse can the state still charge
I suffered an minor injury due to a domestic dispute. My spouse and l were in a heated argument and i headed to my car and since we didnt really come to a conclusion he followed me and tried to keep my door open as i closed it. I know the intent wasnt to hurt me as this never happened before and we were both under pressure he didnt realize my leg was in the way but due to the injury he was arrested and possibly maybe charged with domestic assault. This is his first offense and before the arrest I expressed to the officers i didnt want to press charges i wasnt in fear that all i needed was for him to leave our home until were both in a better state to talk. How probable is it that the state will charge him and potentially put this on his record if i the victim am confirming it was an isolated incident that escalated? And is there anything l can do to prevent that?
A: If the officer saw the injury the officer by law is supposed to charge him and has up to 1 year to file charges. Unfortunately even if you want the charges dropped it is not up to you, but up to the police officer, prosecutor and judge to do that and generally they won't except for good cause (he didn't do it) not that he did not mean to do it. If he does get charged get him a good criminal lawyer immediately as the more time the lawyer has to work on the case the more that lawyer can do to help him.
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