My wife was charged with BATTERY; INTENTIONALLY CAUSING BODILY HARM and AGGRAVATED ASSAULT can I get the DA to drop the case.

Asked over 3 years ago - Wichita, KS

She took a knife to me in an arguement and attempted to strike while I blocked it with a fan. Then she struck me 3 times with her fist. I did nothing. I tried to serve a PFA and then the assault was brought up and investigated. She was brought to jail. All I wanted was the PFA to be served instead she was charged with the felony in her attempt to send me to jail. I don't want my kids to see their mother go to prison. I just want her not to cut my throat while I sleep. My intent was to get her required counseling. I haven't made up my mind to file for divorce I still love her, but I think this is a game changer and legal separation is a strong bet.

Attorney answers (1)

  1. Patrick Michael Lewis

    Pro

    Contributor Level 16

    Answered . The assistant district attorney will almost certainly speak with you, in fact he is required to keep you informed of the case and its status. He will probably talk with you about what you want to happen to your wife. He is not, however, required to do what you want with the case. Prosecutors can sometimes be very difficult in that they are very willing to go along with a victim who wants the maximum penalty but start thinking independently about the best interests of the State of Kansas when the victim wants the defendant to be cut some slack.

    You should try to make you wishes known to the district attorney and also to your wife's lawyer. You also have the right to speak to the judge at the time of sentencing if she is convicted.

    This answer is intended to provide general information about the justice system. It does not provide legal advice... more

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