Male took Ambian , woke up in jail . Arrested 8 : 30 am Saturday . No recall of incident . Female knows not his character to hit her . . . believes reaction to sleep med . 1st charged with misdemeanor . Male has prior felony , NO assault , served probation , trying to get record expunged . Would he be able to get prosecution to change charge ?
Criminal Defense Attorney
This is a job for a criminal defense lawyer. The defendant in a criminal case rarely has enough credibility with a prosecutor to get anywhere with arguments that an error was made.
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DUI / DWI Attorney
Possibly. There are about ten different ways this could work out. You need an experienced attorney to handle this for you.
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Criminal Defense Attorney
It is certainly possible. The better question is, "Is it likely?" Once the police are involved, and someone is arrested, it's important to remember that it isn't "Jane Doe vs. John Doe." It is "The State of Texas vs. John Doe." The prosecutor has the discretion to pursue the charges, even if the complainant/victim wants them dropped. You have not given enough facts to answer definitively whether posting bail will increase the chances of the charges being dropped. Remember that the Court or a Magistrate can sign an order of protection (or assign conditions of bond) that may prevent the male from returning to his home or having any contact with the female for several weeks. However, in many larger jurisdictions, posting bond will allow the male's attorney to thoroughly investigate the case and jump through the hoops required by many DA's before dismissing a case involving family violence.
The most important thing to remember is this: Assault - Family Violence is a unique class of offense that has a special set of consequences. If the male pleads guilty, just to get out of jail sooner, then if he is ever charged with Assault-FV a second time, it can be filed as a third degree felony. And THAT case could be enhanced because of his previous felony conviction.
There are many issues (and pitfalls) with representing yourself in a case like this. Get your loved one a competent criminal defense attorney. There's too much at stake not to.