Domestic Assault by a Stepchild

[M. Fitch]

My question involves criminal law for the state of: Iowa

My step-son brutally assaulted his wife. Initially, he was charged with attempted murder.

He is no stranger to the justice system, and has done a lot of crimes in which he has not been caught.

He is released on bond now and she received a 5-year no contact order. They have 3 children.

The wife met with a county attorney and was told he would probably end up with just probation. I don't understand? He needs to be in jail! Is there anything she can do?

[cdwjava]

Is she intending to cooperate with the prosecution? Does she WANT anything to happen to him?

Most DV victims recant or decide not to cooperate with prosecution, so it wouldn't be a surprise if she backpedaled.

[M. Fitch]

She definitely wants him prosecuted.

[cdwjava]

Did the prosecutor indicate why he might receive only probation? It sounds like the case may have some problems ... perhaps there is some question as to who did what to whom, or who started the whole mess.

Usually a serious offense is pled to something small when the state feels it cannot make a case for the greater offense(s) due to issues of evidence, credibility, etc.

[M. Fitch]

I will have to call her and get more details. Thank you for your prompt reply.