My question involves criminal law for the state of: California
My fiance was arrested the other night and charged with domestic violence. She had gotten very drunk and when she gets very drunk, which is very rarely, she turns into a completely different person. We both know this which is why we both agreed she should only drink occasionally and very moderately. She didn't mean to drink as much as she had. We were driving somewhere and when I realized how drunk she was I turned the car around to go home. She began insulting me and when that didn't bait me to argue she began hitting me. This caused my operation of a vehicle to become unsafe so I pulled over and then she began getting more and more violent to the poit of biting and kicking me. I had basically wrapped her up to restrain her when a police officer drove by and asked me to come over. I explained the situation and after sorting it out for a couple hours they arrested her.
I bailed her out the next morning and she barely remembered anything. After being told everything she did and said she was incredibly remorseful. She's been crying on and off ever since and apologizing profusely. She has vowed never to touch alcohol again and given her histroy with vowes like that I know she will stick to it. With alcohol dead and buried in her life that other person will never resurface. We have yet to have a single fight in the nine months we've been together until that night.
She has no prior arresst for violent behavior and the officer can attest that her behavior was more an instance of temporary psychosis. Again, she has almost no memory of it and also feels it was more temporary psychosis and not anywhere close to any kind of behavior she's shown before. She's always a very sweet and loving girl.
We would like to have the charges dropped as there is no saftey issue here. It was not an indicator of any issues past or present between us and is a completely isolated incident. She's a very sweet, loving girl all the time. She does suffer from PTSD from a past abusive relationship which is where we think this behavior might have crept up from. I don't know if it matters but I am a pretty big guy with a very confident, controlled presence and she's a tiny little 90 lbs cute girl.
Do we have any chance of getting these charges dropped and if so what do we need to do to make that happen?
Thank you for any input you might have.