AGGRAVTED ASSAULT/CAN CHARGES BE DROPPED?

Question

the story is a man comes home finds his wife in the bedroom and another man nearby. the husb tells the man to leave but he argues, the husb gets his gun and fires it away from them as a warning shot to leave. he leaves and the wife calls police. charges against the husb are aggravated assault, simple assault, discharging a firearm in an occupied structure and endangering the welfare of another person. How much prison time can you get with no prior record? Can the state still prosecute if the wife doesn't want to file charges? she wants charges dropped

Answer 1

In this day and age, yep the state can do what they want.. where the guy had a gun and it was loaded, he could of accidentally shot someone then he'd be up for murder.. its out of the wifes hands now..

Answer 2

If she does not testify, then the chances are the charges will be dropped. But, if she decides to testify against him, with no priors and a good attorney, he will get off with probation. Tell him please divorce that woman first chance he gets, she is nothing but trouble.

Answer 3

In most states a wife cannot be compelled (forced) to testify against her husband (and visa versa), so if she doesn't testify there is half of the states case, now the only other witness is most likely a worthless sob anyway, its doubtful that he will testify and if he did he would probably be discredited by a good defense atty.  I have no idea how this will turn out, but it would be a fun fight.  Get a fight hungry atty. and he'll dig into this case like a bull in heat!

Answer 4

discharge of firearm will be the one which wont be dropped, obviously it went off 'accidentally' when he grabbed it, if that was the case (and it was believed) then the 'mens res' or 'thoughts in the mind at the time' were not one of bloody murder no matter how justified he might have felt.

could it be that he grabbe the gun because he knew he suspected burglars as the voice of the other guy (which he obvously heard) was not one he recognised.

You are entitled to protect your property from intruders, his intention was obviously to scrare him away, because he was in fear of his own life orthat of his wifes?

just depends whats been said already. sometimes its better to say nothing to the cops just that your in shock over the whole incident, tehn clam up and give your self plenty of time to think.

best to avoid these situations in the first place though

Answer 5

Of course the state can still prosecute.

There is nothing that requires a prosecutor to obtain a victim's, or witnesses', permission before filing charges or prosecuting a criminal.

That thing about "pressing charges" is a fiction.  When a police officer asks, "do you want to press charges," what he's realy asking is, "are you willing to be a cooperative witness."  Even if the victim does not want to cooperate, there could still be sufficient physical or eyewitness evidence to prove a criminal charge, and the prosecutor will proceed on that basis.

Think about it.  Does a prosecutor ever ask a murder victim for permission to prosecute?

In your story, even if the wife refuses to cooperate, the "other man" is still available to provide testimony.

Answer 6

She can get the aggravated assault charges dropped, but the discharging a firearm charge will be prosecuted