How Can We Get a Charge Reduced or Otherwise Taken Off?
My question involves criminal law for the state of: Illinois but maybe everystate.. Military..
My husband had been in the military for two years, then got out. Between that time and the time we got together almost two years ago, my husband had dated a girl whom he DID NOT live with. He said they got into an argument and SHE grabbed ahold of his genitals, and would not let him leave.
He said in the argument and struggle to get free, he ended up head butting her which left a small red mark on her face. When he finally got out, he went walking down the road.
This girl called the police and at first said a man she didn't even know came in her house, raped her, and beat her up. She said he took off walking down the street.
So the police picked him up, and took him to the station and he told them they had dated, had been intimate, then got into an argument and there was a struggle between the two of them because she wouldn't let him leave. It was admitted that both parties had used physical force to get away from the other/ keep the other one in the house.
The girl then wrote a letter confessing that she did know him, he had not raped her but that there was a physical disagreement. She never admitted to grabbing ahold of him.
Anyways, my husband got charged with a domestic battery charge.
And here lies the problem.
He is now trying to re-enlist in the Army/Air Force/National Guard and they are saying their hands are tied. They said that Domestic Battery is one of the NONWAIVERABLE charges. They said if it just got reduced to a battery charge it would be waiverable.
What can we do to get the charge reduced, or even taken off. He really wants to turn things around in his life and serve his country and this is the only thing keeping him from doing so.
What can we do? What path should we follow?
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