Wife arrested on simple battery and criminal trespass(property damage) against abusive husband,husbands wants everything dropped

Asked about 3 years ago - Savannah, GA

My husband and I have had mutual physical altercations in the past where we fought equally as hard. He admits to being sadistic. Has been rough with the baby etc.
We recently had a fight where his computer took damage and we both took physical damage. Even though we were both had marks on us I was arrested for being the main aggressor because he had more scratches and his property was damaged.. This is my first offense. The charges are misdemeanors. Husband doesn't want charges pressed. He wants everything dropped. I am in a position where I need to take our baby to Iowa (there are no custody issues with this). What is likely going to happen in court? What do I need to do? I cannot afford any form of an attorney. I've never been arrested before. I don't want to do something wrong etc..

Attorney answers (1)

  1. Eric Alvin Ballinger

    Pro

    Contributor Level 11

    Answered . You may be able to get involved in a Pre-Trial Diversion Program that will allow you to complete som counseling and result in a dismissal or reduction of the charges. It is also possible for your husband to go to the prosecutor's office and make out an Affidavit of Election not to Proscute. However this could be tricky where you were both engaged in violent behavior. In the hands of an aggressive prosecutor or investigator, you both could end up being charged. You really need to consult an attorney on this matter. If you cannot afford one, contact the Public Defender's office.

    Answering this questioin does not constitute an attorney client relationship with the Law Offices of Eric A.... more

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