Assault charges are common in many urban areas and are often associated with disputes regarding relationships, though assault of a minor, sexual assault and other related assaults also tend to be higher in heavily populated areas. Read on to learn more about getting assault charges dropped.
Assault Versus Battery
Assault is the intentional act causing a person to fear they are about to suffer physical harm. It also recognizes placing another person in fear of imminent bodily harm is itself an act deserving of punishment. This definition also allows police officers to intervene and make an arrest without waiting for the assaulter to physically strike the victim. Battery is when the person who has been physically hurt by another person. Assault is only when there is a fear of harm and it means the person doing the assault has to intentionally make the other person fearful for their safety with the threat of potential harm.
These crimes are filed through the governmental criminal case method, ensuring there is not a way to drop the charges. There is no recourse for victims once charges have been filed and a trial has been instituted unless they choose to be of assistance to the opposing counsel. Often victims want the charges to be dropped. This decision is entirely up to the lawyer responsible for the prosecution. They may consider additional evidence and in certain states there is an office with special responsibilities for the examination of such evidence.
Difficulties In Dropping Cases
When victims have additional thoughts regarding going-forward with the prosecution may be concerned for their safety. When the victim decides they do not want to continue, they may decide to reach out to the defending lawyer as quickly as they can so the case of the defense can be bolstered. The testimony of witnesses may be essential for the case and needs to be submitted as a written statement as soon as possible as it may clarify disputed issues. The legal defense party represents the charged individual – so anything the victim may share with this individual may later be used at trial.
Don’t Do This
During an assault, emotions run high. Those who are accused need to be very quiet and controlled so additional complications do not arise with law enforcement. Victims (or those claiming to be) also need to be calm and can help to ensure no violent action occurs. If there is, the case may be further complicated. Also, the prosecution should not be harassed at any time. Everyone needs to be treated with respect.
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*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.