Q: I want to get my wife's domestic assault with endangering a family member dismissed.
Me and my wife were arguing and she reached the wits end. She struck my shoulder and back leaving very minimal pink marks. I called 911 for the report. They took her and charged her. My wife had no previous history, has a degree in synography and is a great mother. Also kids were never witness to. She spent 10 hours in jail and no EPO issued by the judge. I bailed her out. We have agreed to marriage counseling and individual counseling for communication skills building. Did the strikes hurt? A little. Was it a closed fist? Yes. She never hit me in the face. I think it was more of a get away and leave me alone, I don't want to argue anymore. I dont want to lose what we are planning for and have achieved because of an arguement. My wife weight 127 lbs and I'm 230. I don't think the intent was there to cause physical or serious physical harm to me or endanger me. How can I get it dropped? She's apologized for touching me and hasn't stopped crying since. I know she didn't mean to.
A:
To win a conviction for Assault - Bodily Injury / Family Violence, the prosecution must prove that she intentionally, knowingly, or recklessly caused painful physical contact. Based on your statements it appears they will be able to do that unless there is reasonable doubt that her actions were legally justified.
You should hire the best criminal defense attorney available who takes cases in the county where the case is pending and is willing to work with the alleged victim. (Some criminal defense attorneys refused to work with the alleged victim but, in my opinion, that is a mistake.*) Anyway, find an attorney who has some ideas for how to get the case dismissed even when the defendant is guilty... Down here in Austin it is all about making the case hard to prosecute and easy to dismiss but you need local advice because every jurisdiction is different and I don't know how things are done in Justin, Tx.
* Reasons an otherwise competent attorney might have for not talking to the most important witness in a domestic violence case are described here: https://answers.justia.com/question/2021/02/07/does-a-no-contact-order-stop-my-attorney-821073
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