Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My wife and I had a dispute. She punched me the face. She…

My wife and I...

My wife and I had a dispute. She punched me the face. She was arrested. I don't want to press charges. What do I need to do

Lawyer's Assistant: What were you charged with exactly? Do you have any upcoming court dates?

I was not charged, she was. No court dat that I know of, it was last night

Lawyer's Assistant: In what state did this occur?

CA

Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 40 minutes by:
3/15/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,339
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Ask Your Own Criminal Law Question

You need to talk to the prosecutor assigned to the case against your wife and let him or her know how you feel about the case and that you don't want to go forward.

You are the alleged victim in this case, and without your cooperation and if there are no other witnesses, the state won't be able to meet its burden of proof beyond a reasonable doubt. The prosecutor should be willing to talk to you, because they will almost always talk to their complainants.

You should try talking to the prosecutor in person, rather than over the phone so that the prosecutor can see your sincerity and ask you any follow-ups he thinks are necessary. You will need to convince him that you will not be at risk if he drops the charges and/or lifts the protective order. He has the complete discretion to drop the charges if he feels that it is the best way to go forward.

That said, in my experience, as a matter of office policy with DV cases, the prosecutor will probably tell you that the state can choose to go forward with this case whether you cooperate or not. He may tell you that if you refuse to cooperate and testify against the defendant, he can subpoena you , bring you into court in handcuffs, if necessary, put you on the stand and require you to testify. He can tell you that if you change your story, he can charge you with perjury. These facts are all perfectly true.

However, as I mentioned earlier in this answer, you are the state's key witness. The prosecutor needs you. So if you stick to your guns and tell the prosecutor that you want the charges dropped, most prosecutors will eventually opt to cut their losses, once they are sure that nobody is forcing you to drop the charges, and once they are sure that you are going to be safe. Most prosecutors do not like to spend time, energy and money going to trial with a reluctant complainant and a case they may, therefore, lose.

So if he won't agree to drop the charges, at that point you need to get a hold of the defense lawyer and let him know you've been trying to get the prosecutor to drop the charges but that he will not do it and ask him how you can help him to get the case dismissed.

In my experience, when the complainant and the defense lawyer join forces to double-team a prosecutor to convince him drop charges, something favorable to the defendant, even if it's not a direct dismissal, can almost always be worked out.

So, in short, the prosecutor is the only one who can drop this case, but the process starts with you letting him or her know that they don't want to go forward.

Ask Your Own Criminal Law Question

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,339
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,339
31,339 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,153 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,984 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,638 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,255 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
My boyfriend was assaulted by his brother during a domestic
My boyfriend was assaulted by his brother during a domestic dispute (that his brother was arrested for) and has injuries and would like to file charges against him. … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,339 satisfied customers
I may have punched my exhusband in the face at the bar last
I may have punched my exhusband in the face at the bar last night. He told me he's pressing charges. Police took my statement and his and our friends. I wasn't arrested. Can I still b charged? … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Last night a friend of mine and s girlfriend started
Hi Roger.. last night a friend of mine and his girlfriend started punching me in the face. I defended myself until i could escape into my house and call the police. They came and could tell that him a… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,984 satisfied customers
My friend was arrested last night dispute. since husband had
My friend was arrested last night for domestic dispute. since husband had blood on his face from being punched and she didn't look hurt they arrested her and holding her for 12 hours and has a court d… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
A woman came to my house whom has been told several times
A woman came to my house whom has been told several times not to be on my property. Present were 4 adults and 2 minors. (1 Adult is a PSCO at the PA State Police) This woman created a verbal commotion… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,339 satisfied customers
2 women domestic dispute ohio...no arrests but police took
2 women domestic dispute ohio...no arrests but police took statements and said they could both file assault charges against the other. What if she files before me and I get arrested? Can I still file … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,339 satisfied customers
I was going through a divorce in 2009 ex showed up in middle
I was going through a divorce in 2009 ex showed up in middle of night drunk at my new residence and assaulted me and a lady that was with me. Her son showed up later that day and punched me in the fac… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,638 satisfied customers
Two days ago I was involved in an altercation with a female.
Two days ago I was involved in an altercation with a female. My wife went over to talk to a friend that she knows about her getting involved in my business. AS soon as the girls sister got up I immedi… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
On 12/25, I was punched by my step-son. Police Misconduct
On 12/25 around 10 am, I was punched by my step-son. I called 911. The police in Windsor, ca. came but no arrest my step-son because my wife was a x-sheriff correction officer for 26 years. My face ha… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
Active duty marine trying to return to his wife this weekend
I'm in San Diego and have court tomorrow. I am meeting up with a public defender. I have been charged with pc242 battery, and pc243(d) battery causing serious bodily harm. The battery is a misdemeanor… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,339 satisfied customers
So... not much of a question as an explanation. We where at
So... not much of a question as an explanation. We where at a bar and got in an argument with a bouncer. The argument escalated to the point that I threw my beer in his face. ONly the beer not the gla… read more
Nate
Nate
Lawyer
Juris Doctor
1,750 satisfied customers
On New Years Eve I punched a guy knocking him out. He was
On New Years Eve I punched a guy knocking him out. He was extremely drunk and had been hassling my wife while I was playing in the band. One of the 3 times I told him to leave her alone he said someth… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
hello and good night, i was wondering if a assault domestic
hello and good night, i was wondering if a assault domestic violence charge is really that bad and if i need a lawyer, details of the charge is that i was punched by my ex girlfriend i did not hit her… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Is there basis for assault (or any) charges from/to myself
Is there basis for assault (or any) charges from/to myself vs my roommate? Household - myself & wife - our kids - roommate (also wife's ex husband) & their kids. The roommate pays rent to me as I own … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,339 satisfied customers
I was recently in a domestic dispute with my wife. We got
I was recently in a domestic dispute with my wife. We got into a huge argument and I got upset and threw a bar stool, not at her or even near hear. After I threw the bar stool i proceeded to leave the… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,339 satisfied customers
I was assaulted by my brother in law in front of my three
I was assaulted by my brother in law in front of my three kids while I was sitting in my car. He had stopped in front of me and had gotten out to approach me. I rolled down the window to talk and he p… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,339 satisfied customers
My wife was punched in the face for no reason by my pregnant
My wife was punched in the face for no reason by my pregnant cousin in our own house. The Polk County Sheriff's office in Florida was called, and they did not arrest my Cousin even though my wife's fa… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,153 satisfied customers
A friend was recently arrested for sexual misconduct and sexual
A friend was recently arrested for sexual misconduct and sexual assault while at a bar. The girl he was with was an ex-girlfriend and they were on good terms throughout the night. He touched her breas… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x