My question involves criminal law for the state of: Texas
My husband and I got into an argument in July. He was threatening to kill himself, and was hanging halfway out the window of our upstairs apartment. I was pulling him from the window, and his shirt ripped and we both fell backwards. I was mad so I made a big deal about the fact that his hand had hit/landed on my leg and left a red mark. We were arguing so, of course, I used this to my advantage and accused him of hitting my leg and whined about the red mark even though it didn’t hurt, saying “oh so you’re gonna smack me on the leg now?” and he said “I'm sorry, I didn’t mean to.” My intention was just to make him direct his attention to something other than the window... I was desperate and angry. My neighbor called the police because he saw him hanging out the window.
The police officer came in and was questioning me. He asked if my husband had physically harmed me in any way. I said I just had a small red mark on my leg from where his hand had smacked me when I pulled him from the window. I probably used the wrong word “smacked.” I wouldn’t have even said anything if he hadn't asked. I thought he just had to ask to make sure no one was hurt... so I simply said "he kinda smacked me on the leg when I pulled him from the window", just with the intentions of letting the officer know that I was being honest with him. I didn’t think it would be any further assessed because I knew he didn’t do it on purpose. I was just too hysterical about the window situation and I was answering only the questions the police were asking me, no more and no less. I would have explained better if I would have known it was going to be taken in the wrong way. The cop then asked me to show him the mark, and I assumed he was just looking for the record to make sure I wasn’t actually injured. It was so small that I had to look for it, then said “I think this is it” when I saw a small red spot on my leg. Then he proceeded to take a picture of the mark. I asked him what the picture was for but the officer just simply said “I’ll be right back.” And before I knew it they had arrested my husband. I then told the officer that he didn’t mean to do it and that he wouldn’t ever hurt me. At that point I guess he just thought I was trying to take back my “complaint” for my husband’s sake and it was too late.
The cop went out and asked my husband if he had smacked me on the leg. My husband was under the impression that he was to blame for the incident, regardless if it was an accident or not, because it wouldn't have happened if he weren't hanging out the window - so he took responsibility for it. They asked him how hard he had hit me, and he said "not hard at all... if it even left a mark it's because she marks easily (which is VERY true)."
If I hadn't been in such a shocked/scared state of mind (the result of almost watching my husband fall to his death from a window due to an argument I started), then I would have definitely been thinking clearer and this misunderstanding would not have happened. Once I realized that the police thought he did it on purpose, I was trying to clarify that to them. I was so scared all I could get out was "he didn't mean to" and "he would never hurt me." I assume they just thought I was defending him and saying that "he didn't mean to hurt me, he just snapped." But I literally meant he DIDN'T MEAN TO.
I am filing an affidavit of non-prosecution next week.
Should I specifically say in the affidavit that I will testify on behalf of my husband?
Should I explain ALL of the above in the affidavit?
Is there anything I can say to the right person (possibly the DA himself?) to get this case dropped?
What are the chances of actually winning this case if it does go to court?
Will the arresting officer be in court & is there a chance he could have been recording me when he was questioning me? I'm worried that I might have said something the wrong way that would make the court believe that he actually hurt me, and then them think I am just trying to change my story.
My husband does not deserve to lose his job, go to jail or be convicted of something he did not do just because his wife couldn't speak up when she was scared or said the wrong thing... Our life could fall apart because of this, and I don't know what to do. Anyone have any advice on getting this case dropped or winning it?

