Can a Victim of Assault Have the Charges Dropped?

While it’s possible for an assault charge to be dropped, victims of assault and domestic violence typically cannot request the charges be dropped on their own. In many domestic violence and assault cases, alleged victims are harassed or bullied into dropping the charges, leading to dangerous and unsafe situations. Once a crime has been reported, it is in the hands of the court to determine whether charges can be filed or dropped.

However, if a victim requests that the charges be dropped, the prosecutors may use this input when deciding how to proceed. In many cases, if a victim no longer wishes to pursue a case, prosecutors will be open to discussing a plea deal or even dropping the case altogether. A lack of victim cooperation can disrupt a criminal case, leading to a lack of evidence and witness testimony.

If you are facing assault charges, the best way to protect yourself and your future is by hiring a team of experienced criminal defense attorneys. For a free consultation and to learn more about our services, call our law office today at 407-934-0324.

Can an Assault Case be Dropped After Charges are Filed?

Depending on the nature of your case, the short answer is that assault charges can be dropped after they are filed. Once an assault is reported in Florida, the situation is in the hands of law enforcement. Police officers will gather evidence and hand it off to prosecutors, who will decide if there is enough to pursue a case against you.

Although the victim does not control the state of the charges once they are filed, a victim pulling out of the case can still impact whether it goes forward. The state may drop the charges if they believe they cannot win a case against you in court. However, if charges are filed and later dropped, the case will be classified as “nolle prosequi.” The term defines voluntarily ending a criminal case after charges have already been filed.

What is an Arraignment?

An arraignment is a formal hearing where the charges will be filed against the defendant by the prosecution. If you are the defendant, you can take a criminal defense attorney with you to your arraignment hearing for representation. Having a defense attorney on your side is the best way to navigate these criminal charges, as you can begin creating a legal defense strategy immediately.

Before the arraignment hearing, there is a chance for the State Attorney’s office to decide not to file charges against a defendant. Depending on the city you are in, this could be called “no file,” “no action,” or “no info.” If the victim is uncooperative or there is a lack of evidence in your case, there is a chance that charges will not be filed.

What if You Are Found Not Guilty in an Assault Case?

If charges are filed against you, but you are found not guilty, you will face no penalties, and you can continue living the rest of your life normally. However, your mugshot and your arrest records are still public knowledge and can be accessed on a public database.

In Florida, domestic violence charges cannot be sealed or expunged if you plead guilty to the charges. If you were arrested without any charges being filed, our team can help you get your records expunged to avoid facing any negative stigma. Record sealing and expungement can be beneficial when searching for employment or housing, as it helps prevent any unfair discrimination against you.

Can a Criminal Defense Attorney Help Me Get My Charges Dropped?

Assault charges and domestic violence charges are serious and can carry penalties like fines, jail time, and probation. However, with a criminal defense attorney on your side, you have a much better chance of getting your charges dropped altogether. Our team at Alain Rivas & Associates, P.A., will examine the evidence against you and negotiate with prosecutors to reduce or remove the charges you are facing. Please don’t feel like you must navigate this challenging situation on your own. For a free consultation, contact our law office at 407-934-0324.