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Unfortunately it is not up to you as to whether to drop the charges or not. You can talk to the prosecutor and explain that there was no real physical violence and ask that he be allowed to take pretrial intervention which is the same as a deferment. He will have to take anger management class do community service and pay a fine but then the charges will be dismissed. This is provided that they will not agree to drop the charges.
Will I need to call to find out who the prosecutor is since nobody has even contacted me except the investigator to ask if any bruises have appeared. They kept asking me if I was afraid for my life and I kept telling them no. His court date is this Wednesday.
If he does end up in jail we won't be able to finish our house and I will be told I have to move the camper off the property or find someplace to live until the house is completed. We are building the house ourselves since we do not have a lot of money right now.
I spoke with the prosecutor. They are offering disorderly conduct w/ suspended jail time and that he completes behavior program along with drug and alcohol evaluation.
I am wondering if that is a good offer and if you were his attorney would you recommend that he accepts this offer?
Otherwise the no contact order stays in effect, he won't be able to go hunting this year until this is resolved and this can drag out for months. They said that if he pleads not guilty and I found out he has two prior arrest for violence in his past that he was not convicted of that they would stick with the simple assualt and go for the felony charges.
I am going to counseling now and going to request marriage along with anger management that the company I work with offers for free. He will have to attend a DAP program which I was told is 23 weeks.
I'm just trying to determine if they have enough to prosecute him for a simple assault and we should press on to remove all charges or take the offer today.
There has been no signed statements or pictures of the incident.