
Quoting
iknowalittlebit
My question involves criminal law for the state of: Mississippi
My wife attacked me because I picked up her cell phone. She came running at me, arms flailing. I put up my hand to block her. She bounced off of me and got a bloody nose. She smiled and said something about how screwed I was now. She went to the hospital and was diagnosed with a nondisplaced nasal fracture. The medical report says no further treatment is necessary, except for ice and Advil.
An hour later, I was arrested. I spent two long days in county jail and am now out on bond. The police report says she stated she ran after me to prevent me from looking at her phone and struck me in the stomach and was hit back. After getting out of jail, she texted me that she knew it was just a reaction and couldn't believe I went to jail for it.
Since then, she has spoken to the cop several times and eventually changed her narrative. She decided it was no longer an accident and spent several days reminding me I was out on bond and anything I do to anger her would result in her calling the police and having me arrested again. Then the bomb dropped. In a recorded call, she tells me that she will only testify that it was an accident if I pay her $500,000. She said, "We'll call it a divorce settlement." Her father reiterated the sentiment by texting that she will not testify that it was unintentional, until she has what she wants in writing. She also cleaned out the bank account of over $60,000 and will not give me access to any of it.
The prosecutor says he cannot drop the charges, because they were brought on by the cop and he is the only one that can drop them. The cop refuses.
My area is very hard on DV cases and almost always sides with the woman. My lawyer tells me that I am not entitled to a jury trial, but I believe the U.S. Constitution says otherwise.
The judge did not order a TRO on me, but I sought one after the threats and it was granted.
My questions are: Am I entitled to trial by jury and would you seek to press charges for assault and extortion on the wife?
Thanks in advance for your help and comments.