QUESTION
If the victim of an assault charge does not wish to press charges against the defendant, will the charges be dropped?
Asked on Jul 16th, 2013 on Criminal Law - California
8 ANSWERS
Michael J. Breczinski
Only if the prosecutor decides to drop the charges also.
Answered on Jul 16th, 2013 at 7:41 PM
Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in majority of all assault cases the parties reconcile, and prosecutors are well aware of this. The defendant needs a good lawyer.
Answered on Jul 16th, 2013 at 7:41 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Not necessarily. Once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. If the "victim" wishes to have the charges dropped or dismissed, he/she should talk with the D.A. However, the final decision will be up to the D.A.
Answered on Jul 16th, 2013 at 7:41 PM
Thomas Edward Gates
It depends upon the prosecutor and the available evidence.
Answered on Jul 16th, 2013 at 7:40 PM
Criminal Defense Attorney serving Huntington Beach, CA
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Law Offices of James Elliot McIntosh
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No. Near all victims of domestic violence want the charges dropped. Prosecutors do not drop the charges because then there would be no way to stop domestic violence. However, if this is not a domestic violence assault, the victim can enter a civil compromise with the defendant and the Judge can discharge the defendant from further prosecution.
Answered on Jul 16th, 2013 at 7:40 PM
James Edward Smith
It's up to the prosecutor, not the victim
Answered on Jul 16th, 2013 at 11:57 AM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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That depends completely on who is prosecuting the case. Some prosecutors will dismiss a case based on the wishes of the complainant while others will not. You should consult with an attorney who is familiar with whoever is handling this matter for more detailed advice.
Answered on Jul 16th, 2013 at 8:58 AM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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Not necessarily. The prosecution is the only one who determines whether a case will be continued, not the victim.
Answered on Jul 16th, 2013 at 8:51 AM