Legal Question in Family Law in Virginia

Assault on a family member
My wife was arrested for assault on a family member in Arlington, Virginia. The alleged assault was on me. I was basically drunk after a night out. (This is uncommon)
We got into an arguement and my wife walked out with our child. I was upset and called the police and after several attempts to get my wife to answer her phone I told the police she had assaulted me. Yes...I am ashamed of it but in my drunk confusion I just wanted my child back and thought stupidly that this would work.
I did not think the police would take me seriously but they did.
The arresting officer told my wife she believed her but she had to arrest her.
I was also arrested for being drunk in public. My wife and I have never had any domestic issues, save for normal marrital arguements. We have been married 16 years and I am a stay at home dad due to my daughter having Down Syndrome.
Can I just recant my story as my wife did not touch me.
She has a court date. We do not qualify for free legal services even though all of our money is used on issues with my daughter.
I am not a bad person and deeply regret the problem I have caused but my wife is a wonderful person who does not deserve this.
She is innocent. I am the only witness so what will happen?

Asked on 5/19/08, 9:35 am

Paul B. Ward Law Offices of Paul B. Ward

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Re: Assault on a family member

You will tell the truth, you will tell the court it was the alcohol talking, and you will take your lumps. She should be absolved of any guilt.

Answered on 5/19/08, 10:03 am

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