My girlfriend and I broke up a few months ago. We had one pet together and when I left, I took the animal. A couple of days later she asked if she could see the pet, I agreed and we met at a local gas station. The pet was in a kennel in my truck. My girlfriend and I entered my truck and I proceeded to take the pet out of the kennel. As soon as the animal was out of the kennel, she grabbed it from me and bolted out of the door to her vehicle. I followed to her vehicle and stood inside of her door trying to get the animal back, I was unable to. By this time a small crowd had gathered around. I took the keys out of her igintion and waited for the police to arrive. The officer did not care to hear my side of the story and gave me a ticket for simple battery.
No one was hurt during the scuffle over the animal. She had spoke with a detective at the sheriffs department previous to the incident. He informed her that she would have to a court order in order to get the pet back from me, and he called and told me to make sure the animal stays in good health. I wasn't trying to harm my girlfriend, only trying to protect what I thought I had a right to at that point. I realize the situation was silly and a bad decision, but I wasn't in no way trying to harm my girlfriend. She singed a letter stating she doesn't wish to prosecute, which we understand that the state decides whether to prosecute or not. I hired an attorney, but I would like to hear any possible scenarios that may benefit me in this situation. Also there is no domestic or family violence involved in the charge, only simple battery. I was not arrested.
Family Law Attorney
From what you describe, you really don't have much of a problem but you may be inconvenienced.
These charges are not likely to be dismissed and you will probably have to deal with a pretrial diversion or a few court dates waiting for a dismissal if she is not going to testify against you. You were wise to hire an attorney. He will know more about the local treatment than I do.
This response does not creat an attorney client relationship. In all cases, I recommend you seek a paid consultation with an attorney with expertise in this area.
Criminal Defense Attorney
Your attorney who has all of the reports and information on this matter is the person to whom you should direct this question.
You question also asks us on this forum to speulate about what other persons, especially a judge or DA, might do. It is an impossible task.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.