Want this question answered?
An assault committed upon your 'significant other' is Domestic Violence. The likliehood of that being dropped is slim to none.
state can pick up the charge if they want.
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.
Yes - they are not automatically instated unless the assaulted person initiates the charges.
They can try. Without your cooperation it may not get far.Added: FIrst of all, INDIVIDUALS can NOT PRESS CHARGES! They can only file complaints with law enforcement. Then the prosecutor's office PRESSES charges. It may also depend greatly on just what type of "Assault" the question is referring to. (SIMPLE Assault - ASSAULT and Battery - SEXUAL Assault???)
By being able to show that it was not you who committed the assault, or that if you WERE involved in a physical altercation, that you did not initiate it and were only responding with self-defense.
YOU CAN BE RESENTENCED ON THE ORIGINAL CHARGE, PLUS TIME FROM ASSAULT!
A prosecutor can't add any more charges than you have committed.You may have commited more crimes than simple assualt whilst commiting the crime, eg affray(basically assault in a public place)
Any charge that is dropped does remain on your record as an arrest, if indeed you were arrested for it. It just doesn't show as a conviction.
Once you have been charged with simple assault, it becomes the People of the State vs. You, and the person (victim) you assaulted can't just drop it, because it is not his/her case anymore - it is the District Attorney's case.
No. Simple assault is a crime. There is probably a mirror tort (assault) for which you can make a civil action.
If your defense is that they are false you will have to counter their charges and testimony. Remember, under our system of law, you don't have to prove that you are innocent, they have to prove that you are guilty.