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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28356
Experience:  10+ years defending Misdemeanor and Felony cases.
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my girlfriend hit me with a hammer and it knocked the wind ...

Customer Question

my girlfriend hit me with a hammer and it knocked the wind out of me then i said i was going to call the cops but she ended up doing it. it hurt me but left no marks. the cops arrested her and i went to get checked at the hospital. she has court august 21st what will happen to her? but i was not injured badly and she told me to stay away but i kept coming then she hit me. what can i do to help please
Submitted: 9 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 9 years ago.
The strength of the State's case is going to be based on your cooperation with them. This should be filed as a domestic violence battery/assault charge. She may have a claim of self defense if she felt threatened by your actions of coming towards her, which lead her to hit you with the hammer. If the State is able to serve you with a subpoena and have you come in and testify against your girlfriend, she will have a hard time getting these charges dropped. However, if you do not speak with the prosecutor assigned to this case nor have any contact with him/her, if it likely the case against your girlfriend will be dismissed. The reason being, is that the State needs a victim to prove their case. If you are not available to testify against your girlfriends, then the State should not be able to go froward, since they have no evidence to produce.
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Customer: replied 9 years ago.
they picked her up and did not let me charge her wich i was not going to any how. but she has court with assualt with a deadly weapon. will she face any charges or serve time?
Expert:  CrimDefense replied 9 years ago.
She is facing a felony and very serious charges. Often, assault with a deadly weapon carries mandatory prison time. It is not up to you if you wish to press charges or not. It is up to the State attorney. The police turn their report over to the prosecutor, who decides if there is enough evidence to get a conviction. You are the victim and are not able to tell the State, that they should not charge your girlfriend. The only way they are going to go forward with this case against her, is if you cooperate with them, give a statement and are willing to testify against her in court.