When can assault charges be dropped?

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Question:

When can assault charges be dropped?

Answer:

Assault charges are criminal charges. This means that they are not brought by one party against another party- they are brought by a prosecutor because a person broke the laws of the state. The rules for when such charges can and will be dropped vary on a state by state basis, so if you are facing charges for assault, it is important to understand the rules specific to the location where you live. 

  • In some states, assault charges can be dropped if the complaining witness or the victim chooses not to press charges. For example, if you assaulted a person and he or she then tells the prosecutor he doesn't want you charged, the prosecutor may drop the charges. This is not necessarily always going to happen in every state however. In some instances, if you assault someone (especially in the case of domestic violence) the prosecutor may be able to press charges even without the cooperation of the victim. 
  • Assault charges can also be dropped by a prosecutor (with or without the agreement of the victim) if there is insufficient evidence to prove the charges in a court of law (i.e. if the prosecutor cannot prove beyond a reasonable doubt that you were actually guilty of assault). 

If you have been accused of assault and you are hoping to get the charges dropped, you should consult with an experienced attorney in your state. He or she can explain what your options are and help you to do whatever it takes to stay out of jail and keep your criminal record clean. 

References:

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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