How serious is the injury?
First degree misdemeanor charge in Ohio Code means
1. Defendant KNOWINGLY causes or attempt to cause physical injury, or,
2. Defendant RECKLESS causes SERIOUS physical injury.
Again, how serious was it? If it was just bruise then the only choice the prosecution has is to prove that you KNOWINGLY caused the physical injury.
Model Penal Code section 2.01 defines KNOWINGLY as either you know the nature of your conduct or you know to a substantial certainty that physical injury would happen.
From what you said, did you know that your conduct would cause his injury? Notice that this is totally subjective. Which part of body did you hit him? Did you use full strength? Did he resist? If you raise a doubt that you did not know the broom would cause the injury, then the prosecution has to do everything to prove that you knew. Not only you knew, but you were substantially certainty that injury would occur. If they can not prove, then you win and you can not be prosecuted again for lesser crimes either due to doctrine of double jeoparty. You don't need a defense, since you could just raise a raesonable doubt of the elements of the crime.
Some previous posts were right that your hu*****and and the DA have to make a deal to dismiss the charge. Your lawyer was right that you can not contact your hu*****and at this point since that would be violation of your bail and you could face more charges if you do that. You can still hope that your hu*****and would drop the charge all together.
One more thing on the defense. Talk to your lawyer to find out that if you could claim BWS, battered woman syndrome. What the legal term describes is that a hu*****and abuses his wife, and they reconcile afterwards and if it repeats for at least two cycles you could claim BWS. Most time BWS is used for murder charges so that I am not sure about whether it is suitable for misdemeanor. If you claim BWS, the state will order a psychiatrist evaluation and if it determines that you are qualifies for BWS, the charge will be dropped.
First degree misdemeanor charge in Ohio Code means
1. Defendant KNOWINGLY causes or attempt to cause physical injury, or,
2. Defendant RECKLESS causes SERIOUS physical injury.
Again, how serious was it? If it was just bruise then the only choice the prosecution has is to prove that you KNOWINGLY caused the physical injury.
Model Penal Code section 2.01 defines KNOWINGLY as either you know the nature of your conduct or you know to a substantial certainty that physical injury would happen.
From what you said, did you know that your conduct would cause his injury? Notice that this is totally subjective. Which part of body did you hit him? Did you use full strength? Did he resist? If you raise a doubt that you did not know the broom would cause the injury, then the prosecution has to do everything to prove that you knew. Not only you knew, but you were substantially certainty that injury would occur. If they can not prove, then you win and you can not be prosecuted again for lesser crimes either due to doctrine of double jeoparty. You don't need a defense, since you could just raise a raesonable doubt of the elements of the crime.
Some previous posts were right that your hu*****and and the DA have to make a deal to dismiss the charge. Your lawyer was right that you can not contact your hu*****and at this point since that would be violation of your bail and you could face more charges if you do that. You can still hope that your hu*****and would drop the charge all together.
One more thing on the defense. Talk to your lawyer to find out that if you could claim BWS, battered woman syndrome. What the legal term describes is that a hu*****and abuses his wife, and they reconcile afterwards and if it repeats for at least two cycles you could claim BWS. Most time BWS is used for murder charges so that I am not sure about whether it is suitable for misdemeanor. If you claim BWS, the state will order a psychiatrist evaluation and if it determines that you are qualifies for BWS, the charge will be dropped.
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