The "other party" does not have a choice about prosecution. It is up to the DA alone whether or not to "press charges".
You need an attorney.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
If the potential charge is indeed an ADW/GBI then you can be sure it will be filed by the DA. The other party can only complain to the police; he cannot press charges.
I agree with both Mr. Hudson and Mr. Kaman's sage answers.
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