Is the case in Minnesota? We don't have something called a class five misdemeanor here. You're probably talking about misdemeanor domestic assault or a fifth degree assault charge. In any case, it's very hard to predict how long it will take for the case to move through the system. After getting some advice from your lawyer, you could choose to demand a speedy trial, which would speed things up. That's not always a good idea though. Generally, we see these cases get to trial within two to eight months. Get a lawyer retained if you haven't already. The charges aren't just going to magically get dismissed.
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There is no guarantee it will ever get thrown out. In fact- domestic assault is rarely just dismissed. That is true even with an uncooperative victim (which happens often). You should retain counsel..
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It sounds like you have a domestic assault. The charge won't necessarily get "thrown out" unless a judge determines there is no probable cause or the prosecutor dismissed the charge. You should consult with an experienced criminal defense attorney in your area to defend yourself on this charge or you could end up with a permanent conviction. Don't wait! Good luck!
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