How to drop or have a domestic assault charge withdrawn? I didn't know he'd go to jail if I got a police repor?
My boyfriend and I got into a fight and I broke his tv and he assaulted me. I filed a report a day later and he was arrested for domestic assault. If this goes to trial what's the timeframe for all this to be resolved? Can I as the only witness plead the fifth? I'd rather this all go away because we have a young son who will miss his dad for this time. What is the best way to get the charges dismissed altogether? Do I have the option to withdraw the complaint made to the police? He is an Iraq veteran who wasn't like this before deploying. Also, this is his first offense. We are in TN. Thanks.
- rickinnocalLv 71 decade agoFavorite Answer
You have no authority to do so. Charging decisions rest 100% with the DA.
Talk to his lawyer NOW, and do NOT discuss the case with anyone else. DA's will "sometimes" drop a first complaint if the victim wants them to, but not usually. Your boyfriends lawyer will know the best way to go about it.
If he gets a felony OR misdemeanor DV conviction, or even a diversion or ACD in which he 'admits culpability', then the Federal "Lautenberg Amendment" means he is barred for life from owning or possessing a firearm. This *includes* access to guns on military service, so if he is still in the service - active or Guard / Reserve - he is OUT with an OTH discharge - that means no VA benefits, no GI Bill college help, *nothing*.
Speak to HIS lawyer... NOT to the DA.
RichardSource(s): MOS 4402
- WRGLv 71 decade ago
You can't plead the 5th because you aren't being asked to incriminate yourself.
You can contact the prosecuting attorney and ask that the charges be dropped but he is under no obligation to do so.
You might want to use this opportunity to get your BF some help. If he has hit you once he will probably do it again.
- wizjpLv 71 decade ago
Witnesses don't plead the fifth. Defendent do to avoid incriminating themselves.
Talk to the DA, get him a good lawyer and anger management.
- Anonymous1 decade ago
You don't press charges, the DA does...
Get a good lawyer and try to plea down to sentence that doesn't involve Jail Time
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- 1 decade ago
Do not marry him because once someone hits you they will do it again. I think that you can have the assault charge dropped. I would ask the police.
- Anonymous1 decade ago
Marry him quickly, you will then not be forced to testify against him.