Girlfriend filled out statement described the event - most of them were accurate. She used the word "choking" to describe being pushed against the wall with the boyfriend's hand on her neck, and when asked if the offender cut off her air supply, she stated "no". She also stated she doesn't want the state to press charges against the boyfriend because "going to jail only makes him angrier" and she asked for making anger management classes/mandatory therapy as the sentence instead of jail; however, she was told it is out of her hands but the prosecutor is willing to take part of her statement into consideration.
What would be a minimum penalty to this offense and what can be done to drop charges?
It is impossible to say with any degree of certainty what the sentence would be. He needs an attorney. If this is his first ever offense, you want to do everything possible to keep the record clean. There may be ways to do this. Sitting with an attorney will help to identify the possible ways of doing this. A clearer answer is not possible, given that every situation is unique.
In Florida, I would have charged it as a felony when I was a prosecutor. If the facts stated above are accurate, words like "pushed against the wall with the boyfriend's hand on her neck" and "going to jail only makes him angrier" are like waiving a red flag at a bull for a prosecutor. They are probably not dropping these charges. The arrestee needs an experienced local criminal litigator.
There is no confidentiality online. The accused is presumed innocent until proven guilty beyond reasonable doubt. If you cannot find an experienced local criminal litigator on Avvo, a good place to look is the website for the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv
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