I am being charged with a felony class 4 aggravated assault domestic violence and a felony class 2 kidnapping charge because i allegedly "prevented her from moving." I have one prior DV incident from 2016 and it was a misdemeanor and i was told to take DV classes which i never started because of money issues. but she chose to stay with me after that first case. In the current case, she told the police that i punched her in the face and choked her. That never happened all we did was wrestle and i only did that to prevent her from attacking me further. she initiated by pushing me and then advanced toward me again and i grabbed her by the shoulders and bearhugged her to prevent her from hitting me. there was a struggle, she bit me and scratched me (pics were taken of both of us) and she somehow got a bloody nose. i know it looks bad. my question is this: if i have literally NO OTHER record besides the one misdemeanor incident with her in october 2016, wha are the odds of the state prosecutors dropping the class 2 in a plea and negotiating with the class 4? Obviously im trying to avoid going to prison and i am afraid the class 2 staying on would guarantee me a prison sentence...
Great question for your hired or free Criminal Defense Attorney my guess is slim .
Providing general answers are meant to help the poster to understand some complex legal concepts and in no way creates an attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline