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Driving away from (gf) house she throws a zippo threw window strikes driver(bf) in the head and almost passenger, (gf) runs to the car to (grab pictures) through the driver window. Driver thinks she is attacking driver tries to push her out of the window, she grabs drivers hair driver tries to grab her and pull off ends up grabbing her hair as well finally pulled apart. two days later driver charged with assault dv4 from the state driver pleads not guilty. (gf) has a statement admitting to throwing and striking driver(with passenger) while leaving then running up to the car when stops(but states was only tryng to grab pictures. driver has no statement yet but is driver more or less likely to get charged with assault?