Q: What if you thought your spouse grabbed you. And it was a large treadmill in the dark garage. Now your spouse is charged
With assualt with bodily injury. How do you fix this
A:
You've lost control of the situation now that the government is involved. The alleged victim in an assault can (and perhaps should) provide their opinion, but only the prosecutor can dismiss the case at this point. It is quite common for the alleged victim to recant an accusation of assault, and it is also quite common that the prosecutor is not convinced by the recantation and decides to seek a conviction anyway.
It would be wise to talk to your spouse's criminal defense team before making any statements to the prosecution. I obviously don't know your spouse, but it would also be wise to anticipate that the prosecution might not be convinced that you legitimately confused your spouse with a piece of disused exercise equipment.
A: Your spouse retrains an attorney, enters a plea of not guilty and forces the State to prove any allegation beyond a reasonable doubt. Criminal charges have already been file, so unfortunately, there is no magic fix. Start calling local lawyers. Good luck.
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