me and my boyfriend got in argument for the first time so we got intimidated and hit each other and realized we dint want this happening so we stopped and we both decided to call the cops so this problem wont elevate.. i got arrested for assaulting him .. cops released me from jail but i got a court date for this in a week .. we both are not pressing charges on each other because it was a dumb fight we just decided not to be together .. he has a bite mark and scratches in his face and had spit on the back of his head which he did not let cops take pictures of, and i got a purple eye and a couple of bruises along with a Bruise in my head from him hitting me with his chain cops took pics of this in jail . i got ( ASSAULT D.V ) WILL I GO TO JAIL OR WHAT COULD HAPPEN? this is my first offense
You should hire an attorney in the county where this happened. You and your boyfriend should get counseling.
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Whether or not your boyfriend wants to press charges has no effect on the prosecutor's decision. A bite is a very dangerous injury, even if you don't break the skin, it can result in infection, and there is a much higher risk of the victim fighting back than with other assaultive behavior.
The prosecutor's decision will be based on the severity of the conduct and whether or not they and the police believe that they can prove the case at trial. Even if your boyfriend manages to dodge a subpoena, a police officer can testify that they saw the bite mark, and that you admitted inflicting the injury. There is a very high chance that you will be prosecuted.
There is a risk of you being sent to jail, having a criminal record, having a restraining order, and many other serious consequences, not to mention that your local Sheriff prides himself on being "America's toughest Sheriff" and has a long history of inhumane treatment in his jails.
You need an experienced criminal defense attorney. If you cannot afford one, request a public defender when you get to court.
As the others have said, the State/City decides whether to press charges or not, at least initially. Given the seriousness of the injuries, it is likely the State will not take the matter lightly, nor should you or your boyfriend. You need to retain a qualified, experienced criminal defense attorney to advise, advocate, and defend you. Again, do not take this lightly, and don't talk to the police if they come by asking follow-up questions.
You need to consult with an attorney ASAP and stop talking about this case to anyone else. Based on what you have said, you need to talk to an attorney about self defense law in Arizona and whether or not that defense is available to you. Please don't post more details about this case until you have spoken to an attorney. I cannot tell who was the aggressor in this fight from these facts and that is a very important issue. Don't write any more about it, just talk to an attorney.
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