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i was wondering that in this type of a charge agg aslt victim bound/ restr . what do they have to exactly prove for someone to be guilty? can it be lowered to something else.?
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∙ 6y ago
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What is aggrevated sodomy?
It is a sexual act that involves the mouth and anus. It is aggravated because it is committed by force against the victim.
Can simple assault charges be dropped if victim does not testifies?
state can pick up the charge if they want.
Can UK assault charges be dropped?
An assault case in the UK is The State vs The Accused, and while charges can be dropped at the request of the victim, it's not automatic. Depending on the circumstances (if the attacker was armed, whether the attack was premeditated) the state might ignore the wishes of the victim.
What happens if the state motions to prosecute a domestic violence offender after the charges are dropped?
Assuming that you mean the charges were originally taken by the victim and dropped by or at the request of the victim, Then if the state (in GA at least) motions to prosecute (typically domestics) on behalf of the state, then the charges stand and the victim takes on the role of victim/witness in stead of victim/complainant. The state can continue to pursue domestic violence charges and prosecution in domestic situations now due to laws adopted after years of battered spouses dropping charges against their abusers because of fear and misguided loyalty.
How can a person be convicted of dissuading a victim if there was no crime when charges were dropped?
Your question is an attempt at changing the time-line of events, and re-stating them out of the sequence in which they actually occurred. (1) You committed the offense (2) The victim reported it (3) You were arrested (4) At sometime after your arrest you apparently brought pressure to bear on the victim to withdraw their complaint against you. It is at this point that you apparently committed the act that 'dissuaded' the victim (Intimidation of a State's Witness) from going forward with their testimony . FACT: simply because the victim expresses the desire withdraw their complaint does NOT automatically "drop" the charges and make them 'go away.' In reality they weren't dropped, and the charge still exist because it is the STATE that is prosecuting you for the offense, and NOT the individual victim personally.
What is the chance on a case being dropped if the other party doesn't show up on a 2nd degree assault and battery charge?
About 90%. No victim no crime
Can a case be dropped if victim doesn't show up?
Depends on the type of case. In some cases the defense can argue that as the victim doesn't wish to turn up they are therefore forfeting the case. In other cases the police may choose to take the case to court even without the victim if there is sufficent evidence to do so.
If the city entered a no contact order against the will of the victim is there a way to have it dropped?
The no contact order was probably issued by a court, so you would need to file a motion to modify or vacate the order.
I was a victim invovled in a simple assault in New Jersey how can i drop the charges?
If you are not being represented by an attorney, you simply go to the courthouse and tell them you want the charges dropped. There should not be any fees involved with this.
After the state of South Carolina has taken over a CDV case can the victim do anything to have it dropped or stopped?
No, once the charges have been filed the case is in the hands of the prosecution and the involved parties have no say in the adjudication process.
Is it possible in the US for a complainant plaintiff or State witness in a criminal case to withdraw the charges or case against the defendant?
The person who was the victim of or witness to a criminal act is technically the complainant for the State's case. The victim becomes the State's witness, not a plaintiff. As such, it is not the victim's case, but the prosecutor's case. The prosecutor does not--and should not--just drop charges because a victim asks for the charges to be dropped. In addition, because the victim and witnesses are the State's witnesses, the Court can compel you to appear and testify. A victim cannot withdraw the original complaint, nor impede a court case. The prosecutor's staff will help a nervous or fearful witness to testify. But only the prosecutor can decide whether to offer lesser charges in a "plea deal"; prosecutors do not need the victim's permission to allow the defendant to plea, but the victim might be consulted if the deal means significantly less prison time. So the answer to your question is No, a victim cannot withdraw charges especially once the prosecutor already has the case.
What is a direct victim?
A direct victim is the actual victim of a situation. If a man is beating his wife, she is the direct victim.
