I was charged with assault 3rd for swatting my step daughters hand away from being in my face. Could this charge stick?

An Assault 3rd is a Misdemeanor, yet still requires proof of "assault level injury." From your description, it does not sound like the complaining...

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My b/f has been in jail since july 29th 2010 so he has been in jail for 6 months they are saying that they dont have evidence

There can be many reasons why this has happened. You need to provide more information about your boyfriend's case in order to narrow-down the...