QUESTION
How can I drop simple assault charges?
Asked on Dec 04th, 2013 on Domestic Violence - Texas
More details to this question:
A few weeks ago, my husband and I got into an argument and he proceeded to put his hand around my neck to push me down. In retaliation, I called the cops and agreed to press charges. Since then, me and my husband have separated and became civil. How do I go about dropping the simple assault charges? There were no injuries. Is th is something that I would be required to hire a lawyer for? What would be an estimated cost for that service? Thank you.
1 ANSWER
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Unfortunately, it's not that simple. Once you called the cops, that kind of set the ball in motion. Cops respond to the 911 call. They take statements. They make an arrest. They contact the DA's office and ask whether the DA's office will accept charges. The DA accepts a charge of Assault-Family Violence, against your husband (possibly a felony charge given your description of the incident). The charges cannot be "dropped" by you because you are not technically the person who filed charges; the State of Texas did, on your behalf.
They can pursue the case with or without you.
That does not mean you cannot help him, if that is what you want to do. It just has to be done properly. I would not suggest you calling the DA's office on your own, to tell them you don't wish to pursue it. If you say it that way, there is almost no chance (at least if the case is in or near Harris County) that the charge will be dismissed. His attorney should know what do to, and how to explain it to you.
Best of luck.
Answered on Dec 11th, 2013 at 3:28 PM