Legal Question in Criminal Law in Indiana

Hi, my husband was arrested and charged with aggravated assault on my son (he is 2). My son received a scratch that did not even bleed when my husband pushed him toward the door while intoxicated. He whipped him prior to this because my son was outside (even though I had given him permission). I put all of this in the report that the arresting office told me to fill out. He never told me that there would be felony charges, NCO, or any of that. He also told my husband that he had severely injured our son. I understand that this is bad despite the fact that it was not a serious injury--but they have placed a no contact order on them. My husband has aggreed to attend AA meetings and also to refrain from drinking in the future. I have requested with the prosecutor to have the NCO dropped, but I'm not sure if he will. What are my options if he doesn't, and do you think he will? I called 911 becuase my husband was drunk and I wanted him out of the house--not because I wanted to leave him or because I have been abused in the past. He is a great father and, like many people, has a drinking problem. With therapy I believe our problems can be resolved, however I am concerned the courts will not give us a chance to do that. I have told the judge that I myself do not want a NCO. I have also submitted a request to the prosecutor to drop the NCO on my son. If it is denied, I do not know where to go from there. My husband's public defender is not very helpful, either. I called 911 because at the TIME I was scared but I knew when he sobered up he would be fine.

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