The answer depends on a variety of factors, including the county, your husband's prior record (if any), possible witness statements that could be provided in his favor, his service record, etc. I'm fairly sure that the DA will not offer such a charge of his/her own volition, although they may be persuaded to give an alternative charge if the right attorney can convince them. I highly recommend using an attorney (be it public defender or private counsel) to persuade the DA. There's no guarantee that you'll get the result you want, but your chances will be much higher with legal representation.Ask a similar question
I agree with attorney Thiagarajah's answer and would add that it is possible to fight and beat this charge, in fact there are specific techniques for this exact situation.
I'm not in your area (I'm in California, but Central California bay area, not southern Calfornia so you wouldn't want to pay my travel charges), but if you can afford a good attorney contact Michael Grodsky in the L.A. area - he is VERY successful at these. If he is unavailable call several attorneys - make sure you feel comfortable with them. You'll get a good feel if they know what they are doing.
Good luck with your situation.
Matthew WilliamsonAsk a similar question