My wife is being charged with a C felonie, of aggravated assult. Im the victom and complaintaint, how do i get the court to drop charges?

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My wife is being charged with a C felonie, of aggravated assult. Im the victom and complaintaint, how do i get the court to drop charges?

At the time of the incodent I beleived I was hit by a blunt object, and callled police. 2 days later I realize i hit my head on the bottom of a shelf. I told the state and the police, but still they persue her for the felonie, even though inocent. Is there any way I can get the charges dropped along with the no contact order so her, the kids and I can get back to being a family?

Asked on April 28, 2009 under Criminal Law, North Dakota

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am not a licensed attorney in ND, however, I practice criminal defense and deal with this sort of issue on a daily basis.  You need to be very careful here.  Most courts do not like prosecuting domestic violence cases.  Indeed, some states (check with the court in your area) have programs whereby you can meet with a court appointed family violence counselor who will talk with you and your wife about the incident.  I the counselor believes your story, they can make a reccomendation to the state's attorney that this was a misunderstanding on your part and possibly have the charges dropped.  However, I would talk to a criminal lawyer in your area that knows about the programs and how they work so that you can find out the best way to go about having the court understand your story.  Courts generally want to protect victims and want to be sure that no further incidents will happen. 


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