How can I as the victim have an aggrevated assault charge dropped?

Question

My ex boyfriend choked and beat me with a baseball bat. I did not call the cops, the hospital did and the state then pressed charges. I have no permanent injuries. I need to know what I can do to help stop these charges. I don't want to be responsible for sending him to prison.

Gregory Casale · Answer

It depends on what evidence they have beyond your testimony.

Jacob P. Sartz · Answer

No, you don't have the ability to simply stop the charges. Whether the charge is dropped is up to the prosecutor or the issue will be decided by a judge or jury. If you have concerns, you should contact the prosecuting attorney.

Cynthia Henley · Answer

First - you are not responsible if he goes to prison - he is. He did it.  Second - it is completely up to the State on how they proceed.  You can express your desires to them and you can cooperate with his lawyer if you choose but given the facts, it is highly unlikely that they will dismiss.

Michael J. Breczinski · Answer

Talk to the prosecutor. They may want at least to have him take anger management classes as a condition of dropping the charges. Or they may want him to plead guilty and if he does that and stays out of trouble then dismiss the case. But listen to yourself I would not let anyone off easily that beat me with a baseball bat. A person can be killed with those things. There is a story that Al Capone killed two people with one of them.

Stacey Selleck · Answer

You can refuse to testify.  If they do not have a witness the case is difficult to prove.  That being said, this was a serious crime that was committed against you.  I see cases like this where things happen to victims over and over again.  Do not let yourself become part of that pattern.  If you feel you need to protect yourself then cooperate with the prosecution and testify against your assailant.

Cindy L. Barton-Coombs · Answer

I do not understand why you would think so little of yourself to allow someone to beat you like this. Please get into counseling now, no one has the right to treat another human in this manner. As to the charges, you can tell the prosecutor that you do not wish the person that hurt you to go to prison. You can also tell the judge that at sentencing. The charges will go forth as they should because the police have evidence of a crime being committed. You will not be sending this person to prison if he goes, but his actions in harming you will result in whatever penalty he must pay. I am glad that there were no permanent injuries, but the use of a weapon is very serious. He could have killed you. If he is not helped to overcome this kind of behavior, next time he could kill you or someone else. Those consequences are much worse. Please take care.

Seth Bloom · Answer

Unfortunately in Domestic Violence situations once the authorities are involved, there is little that the alleged victim can do to have charges "dropped".  Domestic Violence is a crime against the state. For this reason, when the police are involved, it is up to the District Attorney assigned to the case to decide whether or not to press charges - not the victim.  It may be possible to have the case thrown out or the charges dropped if the victim decides not to be a cooperating witness. For this, it will be necessary for your ex boyfriend to hire an attorney who can work with him to build a defense and to work with the victim to convince the DA not to press charges.  First, please note that Domestic Violence is a very serious crime and that you should immediately remove yourself from any potentially dangerous situations, alert the authorities and seek safety if you are in any danger whatsoever.  If you do not believe that you are in any danger and wish to have the charges dropped, then you should advise your ex boyfriend to hire an attorney.

Michael Garber · Answer

Sounds like he needs to go to jail. You can talk to the DA and tell him you don't want to prosecute. He may allow you to file a reluctant witness affidavit and drop the charges. The next time he beats you (and there will be a next time) the DA might or might not accept the charge.

Steven D. Dunnings · Answer

In your situation, you probably have no choice about pressing charges. All you can do is talk to the prosecuting attorney to see what he/she is willing to do.

Craig Elhart · Answer

The decision to prosecute someone on a criminal charge rests solely with the prosecuting attorney.  You could speak with the prosecutor but he/she will have the final say.  You are not responsible for the actions of another person.  What he did is his responsibility.

James Schoenberger · Answer

I guess all you can do is to contact the prosecutor, preferably in writing, and explain that you do not wish him or her to pursue the case. It's not likely to work but at least you ex will know you tried.

Louis Leibowitz · Answer

You should talk to your boyfriend's lawyer about how to best help in his case.

John DeVito · Answer

Most prosecutors in Massachusetts will not force a victim to testify, particularly if the were no serious injuries. In your case the facts sound serious.  If you were beaten with a bat and choked, there are recognizable injuries, and the police took photos of the injuries, the prosecutors may be reluctant to dismiss the charge.  If your boyfriend has a criminal past for this type of behavior then the prosecutor may force you to testify.

Michael Lynch · Answer

You need to understand that, while a victim can influence a case, the  ultimate decision to charge or not to charge is that of the District  Attorney.  Should your ex-boyfriend be convicted and sentenced to  prison, it would not be the DA who is responsible, it would not be the  Judge, and it certainly would not be you. As far as what you can do, while they can't stop charges from being  filed, a victim has the right to let the DA know of their feelings and  desires.  It would also be your right to speak at sentencing.  At that  time, if you still feel the same way, you could ask the Judge to be  lenient.

Kathryn Hudson · Answer

Were he a stranger would you ask the same question? To choke and beat someone with a baseball bat is second even first degree battery and a charge of attempted murder would also be a possibility. Domestic violence is a complicated dynamic as the abuser is someone the victim loves or at the least has empathy for as you seem to. You are lucky to be alive, many women are not so lucky because when the violence escalates to this level death is usually not far away.  The crime he committed is against the state, you are a victim and witness and therefore are not able to have the charges dropped. In this case the state is protecting you and other citizens and likely another woman from suffering the same fate. Count your blessings and sleep peacefully knowing he is where he cannot hurt you or anyone else and where he hopefully will get help if he is receptive to it.

Jared Altman · Answer

The prosecution may not be able to prove a case without your cooperation.

Dennis Roberts · Answer

You will be unable to do this yourself as DAs argue that the victim here is "The  People of the State of California" What assholes. Anyhow if they cannot locate  you to serve you, they can't convict him without your testimony. If you do get  served get a lawyer immediately. Meanwhile get another boyfriend. Most batterers repeat. One day this moron  will kill you. There are plenty of nice guys out there who don't get off on  beating the shit out of a woman. Beat you with a baseball bat?; choked you? I  don't know who is dumber, you or him. I would guess he probably has some sort  of criminal record. GET HIM OUT OF YOUR LIFE IMMEDIATELY.

Jason Savela · Answer

You cannot get the charges dropped by asking - the DA brings the charges on behalf of the people of the state, not you - it is the DA's call, not yours - I suspect that the DA thinks anyone that hits people with a baseball bat needs to go to prison and any victim that disagrees needs psychological help.  I would not talk to the DA or Courts about this.  I would contact your bf's attorney and ask what to do.    you can also get your own attorney to help you with this.  I have represented cooperating victims in several cases and helped them get a result that they want.  You do not have to cooperate with the DA.  But, if you protest these charges now, likely the DA will subpoena you early and this will prevent one of the better ways of dealing with the case.

David Ayer · Answer

Once a criminal complaint has been filed prosecution of the charges is entirely in the hands of the state. Criminal cases are prosecuted as though the state has been injured. At this stage you are only a witness. Any statements you or hospital personnel made to the police will be used as evidence. Your only choice is whether or not you will testify. The court may compel you to take the stand.

John Nechman · Answer

You have the right to tell the district attorney prosecuting the case that you do not wish to file charges or testify and that you want to see the charges dismissed.  The decision is up to the district attorney and the court, however, as an offense of this nature is not only seen as one committed against you, but against the general public as well.  You can still be subpoenaed to testify in the matter.

Jeff Yeh · Answer

Too late, the ball is out of your hands. All you can do is wait at home for a subpoena that will eventually come if your BF goes to trial. Once subpoenaed, you are required to show up and testify. The best advice I can give you is to make sure your BF gets a good attorney, and do so soon before he talks to the wrong people and incriminates himself.

Kevin Ellmann · Answer

In short, you CANNOT have the charges dropped.  It is up to the D.A. to determine whether they will proceed with charges.  You can certainly express your desire for them to not proceed and your unwillingness to cooperate with their prosecution, but they will determine if they feel they have enough evidence to proceed.  I would suggest contacting an attorney to represent your interests to the D.A. and to fully advise you of your rights.  Good luck!

Thomas Tomko · Answer

You cannot simply choose to have the charges dropped.  It is not your decision.  However, there are strategies to handle a case such as the one faced by your ex-boyfriend.  He should be represented by an attorney and those strategies can be discussed.  These may involve talking with you and your intentions as a witness in the case.  If you really want specific advice, you would need to hire an attorney to review your options with you.  I hope that this was helpful.

Eric Sterkenburg · Answer

If you are the victim of domestic violence and you do not want to press charges on the case you need to talk with the district attorney. The district attorney does not require you to aide them in the prosecution of the case, however they will take your wishes into account.

Steven Raiser · Answer

You cannot drop the charges as the charges are brought by the government. You are considered a witness to the crime. However, the prosecutor will contact you to find out what you would like to see happen with the case. You can let them know that you would like the case to be dismissed. The most likely vehicle to dismiss the case is an Adjournment in Contemplation of Dismissal (ACD).

Ryan L. Russman · Answer

Unfortunately as a victim in a domestic violence case there is very little you can do to influence the outcome.  Once the charges are filed the State take over the prosecution and will take your input but will go what they think is in their best interest.

Ruchee Patel · Answer

You can't have them dropped and if you refuse to cooperate with law enforcement, you can face sanctions from the court. You're not responsible for him going to jail.  Society needs to be protected from people like your boyfriend and he brought this on himself. Please go get both legal, physical and mental help you need to stay far away from him.

Mark R. Thiessen · Answer

You can't.  What he did is illegal and the State will protect you even if you can't see that you need protection.  The State may have a weaker case without you testifying, but only the State can drop it and will if they think it's a bogus charge.

Aaron Black · Answer

As the victim you cannot just have the charges dropped. The prosecutor now makes the decision. You can call the prosecutor and tell him/her you are unwilling to prosecute, but the decision is up to them.

Scott Gorman · Answer

Technically, you cannot have the charges dropped. In your husband's case, the plaintiff is the State, who is represented by the prosecutor. You can advise the prosecutor that you would prefer if the charges were dropped, but the State is not obligated to dismiss the charge against your boyfriend. In fact, you could be subpoenaed to testify against your boyfriend. In practice, prosecutors are usually receptive to the wishes of the victim, as they would rather not have to prove their cases by relying on the testimony of witnesses who have been compelled to testify against their will, but that does not mean that the prosecutor will necessarily drop the charges; it could mean that the State will offer a more favorable plea than would otherwise be available.

Stephen Freeborn · Answer

It sounds to me like your boyfriend is not a very nice person.  You have no ability to have the charges dropped.  Your boyfriend is being charged criminally, which means that he is being charged by the state with a crime. You are the victim/witness of that crime.  With that kind of violence exhibited toward you, one has to wonder what kind of a criminal history he has.  If he has one,  that will also factor into how much jail/prison time he is looking at.  You are not the person filing the charges.  You are not responsible if he is convicted and ends up in prison.  He is the one who chose to assault you.

Leonard Harden · Answer

The charges are brought by state and only state can drop.  You can let state know your desire.  You can let boyfriend's lawyer know your position.  If you recant you may be charged, so it is important not to say anything that might get you into trouble.

John Bussman · Answer

You're not responsible for sending him to prison, he is. It's not your decision to press or drop charges.  That decision is up to the DA. Victims of domestic violence ALWAYS want to drop the case, but prosecutors will pursue it with or without your cooperation.

Andrew Myers · Answer

These allegations are of a crime not only against you but also against society.  If he has done this to you he is likely to commit similar crimes against others.  If he is found guilty, he belongs behind bars.  That is my answer.

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How can I as the victim have an aggrevated assault charge dropped?

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