Q: First time family violence intent to cause bodily harm, with a video of her saying I hit her
We were arguing all day and cops kept telling her to press charges, she did because she was upset but tried dropping the charges because me and her didn't actually fight with each other. And now she wants to say she lied so that I don't go to jail but I told her not to do that. I was drunk at the time of the incident and I guess I almost slapped her but I barely softly grazed her because my sense of sight was messed up. Cops don't like me to begin with because of previous public intoxication arrests this year and one resisting.
A:
What is your question?
The state must prove the contact caused injury or pain to support conviction for a class A misdemeanor assault. Physical contact that is offensive or provocative, but not painful, could be a class C misdemeanor... except a class C can't be based on a reckless act like a class A. Of course a pretend slap could also be a threat to cause pain, which is another way of getting at a class C if the prosecutor is clever enough...
Hire and attorney and fight the case to minimize the chances of ending up convicted of a violent crime. That can be bad for your career, especially if you are a licensed professional.
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