Domestic Violence Assault with Intent to Injure

My question involves criminal law for the state of: Arizona

A few nights ago, my girlfriend and I got into a heated altercation. It ended in me pushing her into the wall and taking off with our child. She called her father to ask what she should do about me leaving with the baby, and he called the police. I came home to apologize and the next thing I knew I was being arrested for DV Assault with Intent to Injure and disorderly conduct, even though I heard her tell the cops I wasn't trying to hurt her, just move her. I have a previous record with a lot of other DV charges from my previous marriage, and the judge said with my priors if I get one more call I'm going to prison for 4 months. My question is, my arraignment is Wednesday. What are my odds of seeing jail time for this assault charge? I really can't afford to go to jail...

Your odds are very high considering what you've mentioned about your last encounter with the court. You did commit a domestic. You even took he child from the custodial parent. You are lucky you aren't charged with kidnapping.

We live together, so the cops said it isn't kidnap since there is no court order granting custody to either parent. I have about 6 other DV charges give or take, but this is my first assault case so I'm not sure what to expect

Consult you attorney. The sentence can be as high as 364 days in county jail. Depending on the previous outcomes, a msdemeanor can be upgraded to a felony. You need to talk to your attorney ASAP!

Strongly agree that you need a lawyer

You also need counseling for your anger issues before you do something worse

I'm back on medication and planning to see a therapist for my anger issues.

Is there any chance they will dismiss the case if my girlfriend indicates she doesn't want it pursued? Or do my priors screw my chances of that?

Once the charges are filed, there is no un-filing them.

My girlfriend is also concerned she may be in trouble with CPS for "failure to protect" if she comes back to me, even though my DV history is against my ex and not her. Is this a valid concern?

Yes, it's absolutely a valid concern.

She may be faced with a choice. You, or the child.

I know what I'd do. If she's got any sense, she'll do the same thing.

I'm sorry, I don't mean to sound so harsh - but you're a danger to her AND the child. You've proven that.

I think this is the girlfriend posting.

Hopefully she'll listen. :(