
Quoting
cdwjava
The key element is not that the contact was VIOLENT, but that it was both intentional and unwanted, and, of course, unjustified.
Sounds to me like she shoved you in self defense - she did not want to be "hugged".
Note that the police and DV counselors hear this story a lot, "I just tried to hug her" ... it seems there is a lot of hugging going on out there that is mistaken for something more by the intended recipient.
Arguably self defense. But, one question that would likely be asked is, "Could you have just walked away?"
And how did you get on to the bed? Did you push her onto the bed? Did she pull YOU onto the bed? I'm guessing that you pushed her onto the bed and pinned her there, but that's a guess and based only on my nearly two decades of experience at this. But, I admit I could be mistaken.
In my state (and most others) we'd call that assault with force likely to cause great bodily injury or death! Or, ADW ... smothering someone, whether you use a lot of force or not, can result in death. people DIE from accidents like that.
I'm not at all surprised.
Likewise, I am not surprised. More than 75% of victims will recant their statements within 48 hours, and the numbers are about 85% by the time of any court proceedings. Some victims will go so far as to claim they lied to the police or even commit perjury and thus risk jail in order to protect their abuser. So, I doubt the DA was surprised by this turn of events at the hearing.
If she receives a subpoena, she will not have a choice. They CAN compel her to testify.
If subpoenaed for court, she should show up and testify TRUTHFULLY, not "positively" for you.
That is all fine and dandy, but not relevant for the offense at hand. Maybe at sentencing if it gets that far, but not for trial.
If you have no priors, you might also be eligible for some form of diversion that could include counseling and probation. Maybe even a dismissal of charges at the conclusion of diversion. I am not certain what might be available in your state, so you may have to do a little research or, better yet, bite the bullet and consult an attorney.
- Carl