How can assault charges be dropped

Your criminal defense attorney can preview your defense in the hopes that the state sees their case will not be successful.

Some common defenses in assault cases include: Self-Defense. One of the strongest defense options for an assault charge is the claim of self-defense. You have the right to defend yourself from the risk of immediate harm, even if you engage in conduct that would otherwise constitute assault. Defense of Others. Much like self-defense, you also have the right to protect others from the risk of immediate harm. This is true whether you have a close relationship with that individual or not.

Defense of Property. If your property faces the imminent risk of damage or destruction, you can also use force to prevent that. This use of force should be reasonable and proportionate. If you use more force than is necessary to protect your belongings, you could be found guilty of assault. Mistaken Identity. Many physical altercations occur during large, chaotic gatherings.

Often, the police make mistakes with identifying the perpetrators. One strong defense could involve you showing that the police have brough charges against the wrong person. Remember, you do not have to prove beyond a reasonable doubt that someone else committed assault.

You only need to show that there is reasonable doubt that you are the real perpetrator. Lack of Evidence. Lack of evidence is another strong option for the defense. Police frequently make arrests for assault with little to no evidence of guilt.

When this happens, the best strategy could involve simply highlighting this lack of evidence. In other words, the defendant could avoid pursuing an affirmative defense or making the case that someone else committed the assault.

Instead, this defense relies on pointing to all of the evidence offered by the state and showing that it is not enough to secure a conviction—even if it is true. Other Favorable Outcomes in Your Assault Charges Case Despite the best effort of you and your attorney, it may not be possible to secure a dismissal of your criminal charges. Originally published November 2, and updated September 2, Free Consultation Acting quickly will minimize the impact.

Google Rating. Gerald Miller P. Bradley Keeny. Hassan Ahmed. Luis Hernandez. Ben Goldsmith. Nicholas Montalvo. See all reviews Write a review. View Disclaimer. For this reason, the abuser should plan on being prosecuted. In these programs, the abuser will attend counseling and self-help classes in exchange for the charges being dropped.

Accordingly, he or she should meet with a lawyer. Part 2. Visit the police and recant your statement. If you lied and falsely accused someone of assault, then you should recant your statement.

The police will want to ask you questions about why you lied. You might face charges for falsifying information to law enforcement. For this reason, you should definitely have legal assistance.

Talk over the likelihood of criminal prosecution for falsifying information with your lawyer. Sign an Affidavit of Non-Prosecution. This affidavit is used in some states like Texas. By signing the affidavit, the victim states what happened and that he or she does not want to press charges and does not want to testify at trial. Sometimes, these affidavits can be introduced at trial. Because the wording of the affidavit is critical, you need to have an attorney draft it for you.

For more information on affidavits, see Write an Affidavit. Refuse to testify. If you are married to the abuser, then you could exercise spousal testimonial privilege. This means that you cannot be compelled to testify against your spouse. Some states, however, recognize an exception where the victim has been abused by a spouse.

You should ask your lawyer about the current status of the spousal testimonial privilege in your state and whether this is an option for you. You should never go into court and lie on the witness stand. You could be charged with perjury, which itself is a serious crime. If convicted of perjury, you could face up to one year in prison and steep fines.

Include your email address to get a message when this question is answered. Related wikiHows How to. How to. About This Article. Co-authored by:. Co-authors: 6. Updated: March 17, Categories: Criminal Law. Hiring a lawyer early in the process can allow them to convince the Crown that there is no reasonable prospect of conviction or that going through with the charge is not in the public interest. Besides convincing the Crown to outright drop the charges, there are also several other routes your lawyer could take to get the Crownto resolve the matter without getting a criminal record.

It can be argued that some situations are not serious enough to go to trial. Essentially, this argument hinges on a value judgement. In cases of simple assault without weapons or serious injuries, a criminal defence lawyer can ask to drop the charges if the parties arrive at a mutual agreement. For example, someone could reasonably ask that a simple assault charge be withdrawn if they apologize to the victim and agree to seek counseling to help improve their behaviour going forward.

A statutory peace bond is an agreement between the defendant and the Crown Attorney to withdraw the criminal charges as long as certain conditions are met. Essentially, by agreeing to a peace bond, the defendant acknowledges that the complainant had reasonable grounds to fear for their safety at the time and that it is reasonable for them to have fear going forward. Going this route will avoid a trial and a potential criminal record.

A peace bond often comes with a month order with conditions such as:. Discharges are a form of discretionary sentences that result from pleading guilty to a criminal offence but do not ultimately result in a criminal record.

An absolute discharge is a sentencing option where there is an official acknowledgement of guilt, but no conviction is recorded and there are no ongoing court conditions. Essentially, an individual pleads guilty before a judge and the judge tells them they are free to go without a sentence. Often, Absolute Discharges are given to individuals where the crime is not too severe, and where conviction and further sentence would disproportionately impact the individual in relation to the wrongdoing.

A Conditional Discharge is similar to an Absolute Discharge but it will result in that individual agreeing to abide by conditions in a court order. If those conditions are followed for the length of the order, the individual is officially discharged without a criminal record. A discharge does remain on a criminal record for one year, but after the year it is formally removed without any pardon or other application from the individual.

Discharges are still present in some court systems and can be considered in future sentences, but they do not appear on a criminal record check. You deserve a lawyer that will consider every defence in your case. Assault charges can take many forms because of the variety of situations in which they can occur, which is why it is so important to find a criminal lawyer who understands the nuances of different assault situations to make sure that your side of the story is heard. Understanding the context of the situation in which the alleged assault occurred is critical to choosing the best means of defence.

Even if you believe the alleged victim in your case does not want to proceed with charges, it is important to contact a lawyer to ensure you get the best possible result. Can Someone Drop Assault Charges? Assault Charges: A Primer While it is possible to have assault charges dropped in certain circumstances, this decision is ultimately up to the crown prosecutor in your jurisdiction, not the alleged victim.

Types of Assault In Canada, assault has a broad definition that includes many types of behaviour. According to the Criminal Code of Canada , a person commits assault when: Without the consent of another person, they apply force intentionally to that other person, directly or indirectly They attempt or threaten, by an act or a gesture, to apply force to another person, and if they cause that person to believe on reasonable grounds that they have the present ability to effect their purpose While openly wearing or carrying a weapon or an imitation thereof, they accost or impede another person This general definition of assault also includes different types of assault: Aggravated assault Assault with a weapon Sexual assault Domestic assault As you can see from this description, assault is more than simply the infliction of injuries on others.

Aggravated Assault This kind of charge is reserved for situations where someone has suffered very serious, or even life-threatening, injuries. Assault with a Weapon This type of charge is for situations where someone threatened or carried out an assault using an item that fits the definition of a weapon. Sexual Assault Similar to assault with a weapon, this charge can be either a summary conviction or an indictable offence and carries the same penalties, depending on the type of charge.