Assault family violence has serious consequences. Emotions can get physical, This hurts the family unit. The courts take this very seriously.
Charge of Assault Family Violence
If the police believe that you have caused bodily injury, you will be charged with a Class A Misdemeanor. If the assault included the action of impeding breath or circulation, it will be enhanced to a Third-Degree Felony.
Aggravated Assult Family Violence is a Second-Degree Felony. Aggravated assault requires that you show a deadly weapon or cause serious bodily injury. If you show the weapon and cause serious bodily injury, you can be charged with a First-Degree Felony.
If you have a previous conviction for Family Violence, you will receive an enhancement. An enhancement means that your charge is elevated to the next level. A Class A Misdemeanor is moved up to a Third-Degree Felony.
Affidavit of Non-Prosecution
Sometimes our emotions get out of control. The police arrive. You spoke with the police. Your partner gets the charge of Assault. Things calm down and you both regret the fight. The charge of assault family violence does not go away.
You can file an affidavit of non-prosecution. This affidavit gives the prosecutor your name and contact information. It explains why you do not want the defendant prosecuted.
The prosecutor may drop the charges. They may pursue the charges. If they have other evidence. I have seen them use pictures of the victim taken by the police just after the assault.
Charged with Assault Family Violence? Consult with your criminal defense lawyer right away.