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Absolutely. Normally if the complaining witness (victim) won't cooperate, the DA has to drop the charges. In this case, there were other witnesses who are sworn police officers who witnessed the event. You definitely need representation as this case will certainly proceed.
Seth Weinstein, Esq.
Southern California Criminal Defense
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
Absolutely. My advice is to retain an attorney immediately since this may have dire consequences because the injury itself is likely to lead to a felony. An attorney may be able to mitigate the situation with the prosecutor's office before the prosecutor files. My firm, along with many reputable attorneys provide a free consultation. I strongly encourage you to contact at least one immediately.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
Are you serious? Not only can the prosecution charge you with a felony assault pursuant to Penal Code Section 245(a)(4), but they can add a great bodily enhancement pursuant to Penal Code Secti0n 12202.7(a) which adds an additional three years in state prison. You need to get an attorney as soon as possible, assuming you don't already have one.