My question involves criminal law for the state of: New York
My fiance & I were involved in an argument that led to shoving, smacking and I have a bruise on my arm & back. He has scratches on his neck and face from me. On advice from family, I went to the poilce to press charges, though my head was not very clear of what had exactly happened. I had originally told police he cut me with a knife, but a few hours later, I began to remember that I had done that to myself, & he had been trying to take the knife away. By the time I got to the police to ask them to drop the charges, he had already been arrested. I want to know if:
1) Can ask the prosecution to drop the charges on account that he did this because he had taken a medication that had affected his judgement? He was very disoriented and at times during the situation would laugh, then get angry, then laugh again. He cried as well. He seemed very unstable at the time.
2) Will I be punished because I could not remember what happened clearly?
3) After I tell my prosecuter about the fact that I cut myself with the knife & he was trying to take it away, will they be able to drop the charge on him of assult with a deadly weapon?
4) What can I expect from the prosecuter? And can I speak to his defense lawyer, help them in any way? Will they believe me when I tell them I could not remember cleary what had happened?
5) I have to tell the prosecuter that I too hit him as well, correct? What impact will that have on me?
I meet with the prosecuter this week & would like to know what to expect/say before I speak to them.