How can I as the victim have an aggrevated assault charge dropped? 60 Answers as of July 08, 2013

My ex boyfriend choked and beat me with a baseball bat. I did not call the cops, the hospital did and the state then pressed charges. I have no permanent injuries. I need to know what I can do to help stop these charges. I don't want to be responsible for sending him to prison.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You can hire an attorney to go to the prosecutor to discuss the possibility of dropping the charges. It is up to the prosecutor, though as to whether he will or will not drop the charges.
Answer Applies to: New York
Replied: 1/20/2012
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
No, you don't have the ability to simply stop the charges. Whether the charge is dropped is up to the prosecutor or the issue will be decided by a judge or jury. If you have concerns, you should contact the prosecuting attorney.
Answer Applies to: Michigan
Replied: 1/17/2012
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
First - you are not responsible if he goes to prison - he is. He did it. Second - it is completely up to the State on how they proceed. You can express your desires to them and you can cooperate with his lawyer if you choose but given the facts, it is highly unlikely that they will dismiss.
Answer Applies to: Texas
Replied: 1/13/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
It depends on what evidence they have beyond your testimony.
Answer Applies to: Massachusetts
Replied: 7/2/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Talk to the prosecutor. They may want at least to have him take anger management classes as a condition of dropping the charges. Or they may want him to plead guilty and if he does that and stays out of trouble then dismiss the case. But listen to yourself I would not let anyone off easily that beat me with a baseball bat. A person can be killed with those things. There is a story that Al Capone killed two people with one of them.
Answer Applies to: Michigan
Replied: 1/10/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    You can try to ask the prosecutor but it is now in the prosecutors hands.
    Answer Applies to: Texas
    Replied: 7/8/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You, as the victim, in domestic violence case, do not have to sign a warrant for the state or city to proceed forward with a prosecution. The investigating officer can sign a warrant, even though the events did not occur in his presence. The officer and/or hospital staff may be allowed to testify as to what you have told them has ocurred. You may receive a subpoena to come to court and may be compelled to testify against your boyfriend. You do not have a right or a privilege to withhold your testimony. If you fail to honor the subpoena you could be held in contempt of court and arrested, forced to appear in court for the contempt charge, and fined or jailed. I suggest that you yourself hire an attorney to assist you. Your boyfriend will also need an attorney separately.
    Answer Applies to: Alabama
    Replied: 1/9/2012
    Law office of Robert D. Scott | Robert Scott
    You can contact the State's Attorney Office and indicate that you don't want to press charges. However, the state may still proceed if they have other witnesses to the crime.
    Answer Applies to: Maryland
    Replied: 1/9/2012
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    You can refuse to testify. If they do not have a witness the case is difficult to prove. That being said, this was a serious crime that was committed against you. I see cases like this where things happen to victims over and over again. Do not let yourself become part of that pattern. If you feel you need to protect yourself then cooperate with the prosecution and testify against your assailant.
    Answer Applies to: Michigan
    Replied: 1/6/2012
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    There really isn't anything you can do to get them to drop the case. Many times, the State moves forward with prosecution even if the victim doesn't want them to. They will require your testimony and you can attempt to avoid that but the State can threaten you with obstruction of justice if you don't cooperate. If your ex-boyfriend doesn't have any priors, he probably will not go to prison if he gets a good attorney to assist him.
    Answer Applies to: Florida
    Replied: 1/6/2012
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    I do not understand why you would think so little of yourself to allow someone to beat you like this. Please get into counseling now, no one has the right to treat another human in this manner. As to the charges, you can tell the prosecutor that you do not wish the person that hurt you to go to prison. You can also tell the judge that at sentencing. The charges will go forth as they should because the police have evidence of a crime being committed. You will not be sending this person to prison if he goes, but his actions in harming you will result in whatever penalty he must pay. I am glad that there were no permanent injuries, but the use of a weapon is very serious. He could have killed you. If he is not helped to overcome this kind of behavior, next time he could kill you or someone else. Those consequences are much worse. Please take care.
    Answer Applies to: Utah
    Replied: 1/6/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    It is out of your control, the best you can do is avoid service for testifying in court and let county attorney you are not willing to testify against him.
    Answer Applies to: Nebraska
    Replied: 1/6/2012
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    In Orange County, and in some circumstances, you can take classes for victim's of domestic violence and tell the District Attorney you are not afraid of the defendant. This may help in his sentencing but it is important to note that the matter is essentially out of your hands. The power to prosecute criminal offenses lies solely in the hands of the District Attorney's Office.
    Answer Applies to: California
    Replied: 1/6/2012
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    Unfortunately in Domestic Violence situations once the authorities are involved, there is little that the alleged victim can do to have charges "dropped". Domestic Violence is a crime against the state. For this reason, when the police are involved, it is up to the District Attorney assigned to the case to decide whether or not to press charges - not the victim. It may be possible to have the case thrown out or the charges dropped if the victim decides not to be a cooperating witness. For this, it will be necessary for your ex boyfriend to hire an attorney who can work with him to build a defense and to work with the victim to convince the DA not to press charges. First, please note that Domestic Violence is a very serious crime and that you should immediately remove yourself from any potentially dangerous situations, alert the authorities and seek safety if you are in any danger whatsoever. If you do not believe that you are in any danger and wish to have the charges dropped, then you should advise your ex boyfriend to hire an attorney.
    Answer Applies to: Louisiana
    Replied: 1/6/2012
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    Sounds like he needs to go to jail. You can talk to the DA and tell him you don't want to prosecute. He may allow you to file a reluctant witness affidavit and drop the charges. The next time he beats you (and there will be a next time) the DA might or might not accept the charge.
    Answer Applies to: Louisiana
    Replied: 1/6/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    In your situation, you probably have no choice about pressing charges. All you can do is talk to the prosecuting attorney to see what he/she is willing to do.
    Answer Applies to: Michigan
    Replied: 1/6/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Once the DA takes over, the case becomes The People of Californa v your ex-boyfriend. You have zero power to have the case dropped. If you are given a subpena to appear in court or if you are ordered to court by a judge, you must go. And you must tell the truth. If he beat you with a baseball bat, you should want him to go to prison before he kills his next girlfriend.
    Answer Applies to: California
    Replied: 1/6/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The decision to prosecute someone on a criminal charge rests solely with the prosecuting attorney. You could speak with the prosecutor but he/she will have the final say. You are not responsible for the actions of another person. What he did is his responsibility.
    Answer Applies to: Michigan
    Replied: 1/6/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    The only party who has the power to drop charges is the prosecuting attorney. You are a complaining witness, the plaintiff in the case is the people of the state where this occurred. Talk to the DA, and maybe he will agree to drop charges, or have another sentence available to him should the defendant plead guilty, short of jail time.
    Answer Applies to: Illinois
    Replied: 1/6/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    I guess all you can do is to contact the prosecutor, preferably in writing, and explain that you do not wish him or her to pursue the case. It's not likely to work but at least you ex will know you tried.
    Answer Applies to: Washington
    Replied: 1/6/2012
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    You should talk to your boyfriend's lawyer about how to best help in his case.
    Answer Applies to: Maryland
    Replied: 1/6/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You were beaten and choked by a person so severely that you had to go to the hospital and you do not want to participate in the prosecution? There are procedures for not testifying. However, I am not going to doscuss those here. This is something to be discussed in a private conversation with your lawyer.
    Answer Applies to: California
    Replied: 1/6/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    You need to understand that, while a victim can influence a case, the ultimate decision to charge or not to charge is that of the District Attorney. Should your ex-boyfriend be convicted and sentenced to prison, it would not be the DA who is responsible, it would not be the Judge, and it certainly would not be you. As far as what you can do, while they can't stop charges from being filed, a victim has the right to let the DA know of their feelings and desires. It would also be your right to speak at sentencing. At that time, if you still feel the same way, you could ask the Judge to be lenient.
    Answer Applies to: California
    Replied: 1/5/2012
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    Were he a stranger would you ask the same question? To choke and beat someone with a baseball bat is second even first degree battery and a charge of attempted murder would also be a possibility. Domestic violence is a complicated dynamic as the abuser is someone the victim loves or at the least has empathy for as you seem to. You are lucky to be alive, many women are not so lucky because when the violence escalates to this level death is usually not far away. The crime he committed is against the state, you are a victim and witness and therefore are not able to have the charges dropped. In this case the state is protecting you and other citizens and likely another woman from suffering the same fate. Count your blessings and sleep peacefully knowing he is where he cannot hurt you or anyone else and where he hopefully will get help if he is receptive to it.
    Answer Applies to: Arkansas
    Replied: 1/5/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    Most prosecutors in Massachusetts will not force a victim to testify, particularly if the were no serious injuries. In your case the facts sound serious. If you were beaten with a bat and choked, there are recognizable injuries, and the police took photos of the injuries, the prosecutors may be reluctant to dismiss the charge. If your boyfriend has a criminal past for this type of behavior then the prosecutor may force you to testify.
    Answer Applies to: Massachusetts
    Replied: 1/5/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    You cannot get the charges dropped by asking - the DA brings the charges on behalf of the people of the state, not you - it is the DA's call, not yours - I suspect that the DA thinks anyone that hits people with a baseball bat needs to go to prison and any victim that disagrees needs psychological help. I would not talk to the DA or Courts about this. I would contact your bf's attorney and ask what to do. you can also get your own attorney to help you with this. I have represented cooperating victims in several cases and helped them get a result that they want. You do not have to cooperate with the DA. But, if you protest these charges now, likely the DA will subpoena you early and this will prevent one of the better ways of dealing with the case.
    Answer Applies to: Colorado
    Replied: 1/5/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    You will be unable to do this yourself as DAs argue that the victim here is "The People of the State of California" What assholes. Anyhow if they cannot locate you to serve you, they can't convict him without your testimony. If you do get served get a lawyer immediately. Meanwhile get another boyfriend. Most batterers repeat. One day this moron will kill you. There are plenty of nice guys out there who don't get off on beating the shit out of a woman. Beat you with a baseball bat?; choked you? I don't know who is dumber, you or him. I would guess he probably has some sort of criminal record. GET HIM OUT OF YOUR LIFE IMMEDIATELY.
    Answer Applies to: California
    Replied: 1/5/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    The prosecution may not be able to prove a case without your cooperation.
    Answer Applies to: New York
    Replied: 1/5/2012
    AyerHoffman, LLP
    AyerHoffman, LLP | David C. Ayer
    Once a criminal complaint has been filed prosecution of the charges is entirely in the hands of the state. Criminal cases are prosecuted as though the state has been injured. At this stage you are only a witness. Any statements you or hospital personnel made to the police will be used as evidence. Your only choice is whether or not you will testify. The court may compel you to take the stand.
    Answer Applies to: Massachusetts
    Replied: 1/5/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The only option you have is to consult with the prosecuting attorney. The victim of a criminal offense is not the one who decides to charge the crime, the prosecutor is responsible for that decision.
    Answer Applies to: Kansas
    Replied: 1/5/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    You can ask the prosecutor to drop the charges, but there is no guarantee that he will. The prosecutor has discretion to continue the case, and many will do so as a matter of policy in domestic violence situations.
    Answer Applies to: Georgia
    Replied: 1/5/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    The final decision (of whether a case is prosecuted in court) is made by the State's Attorney. They can decide to proceed, even if you do not want to. They can subpoena you to appear in court. Contact the State's attorney's office. See if they will discuss the matter with you. Your city police department may also have a domestic violence coordinator (who bridges between the police department and the court). It is possible that such a person would be helpful. Don't be surprised if anyone disagrees with you about what you want to do. Persons who attack others generally will do it again.
    Answer Applies to: Illinois
    Replied: 1/5/2012
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    The State has the right to go forward with the charges even if you do not wish to. Usually they will push it all the way to the date of trial. If they are able to locate you to serve you with a subpoena then you will have to come testify or risk facing charges yourself. Another possibility is talking with the prosecutor and discussing something involving a Probation sentence and Anger Management treatment for your ex. No offense intended, but it sounds like he needs the counseling if he did that to you so please make sure that you are safe in all of this.
    Answer Applies to: Arizona
    Replied: 1/5/2012
    Katine & Nechman L.L.P. | John A. Nechman
    You have the right to tell the district attorney prosecuting the case that you do not wish to file charges or testify and that you want to see the charges dismissed. The decision is up to the district attorney and the court, however, as an offense of this nature is not only seen as one committed against you, but against the general public as well. You can still be subpoenaed to testify in the matter.
    Answer Applies to: Texas
    Replied: 1/5/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Too late, the ball is out of your hands. All you can do is wait at home for a subpoena that will eventually come if your BF goes to trial. Once subpoenaed, you are required to show up and testify. The best advice I can give you is to make sure your BF gets a good attorney, and do so soon before he talks to the wrong people and incriminates himself.
    Answer Applies to: California
    Replied: 1/5/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    It is the District Attorney, not the victim, with the power to drop charges.
    Answer Applies to: California
    Replied: 1/5/2012
    Myles A. Schneider & Associates
    Myles A. Schneider & Associates | Myles Albert Schneider
    Unfortunately, you cannot get the charges dropped. The harder you try, the more they will pursue your boyfriend because they will automatically think he put you up to it. Further, they could subpoena you to testify. If you do not, they could find you in contempt of court. Finally, the person responsible is the person who choked you then beat you with a baseball bat.
    Answer Applies to: Arizona
    Replied: 1/5/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You can let the state's representatives know how you feel about the charges but you do not have the option to "drop" charges. You are not considered the complainant. The best you can do is let the state know that you are a reluctant witness.
    Answer Applies to: Minnesota
    Replied: 1/5/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    You cannot simply choose to have the charges dropped. It is not your decision. However, there are strategies to handle a case such as the one faced by your ex-boyfriend. He should be represented by an attorney and those strategies can be discussed. These may involve talking with you and your intentions as a witness in the case. If you really want specific advice, you would need to hire an attorney to review your options with you. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 1/5/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You have no say in the matter. You sought medical attention. The medical personnel are "mandatory reporters" and reported the crime. The police responded and you told them (or medical personnel) todl them that the boyfriend did it. The case is out of your hands now. You can help your boyfriend by hiding from the prosecutor, which only further exaggerates how damaged you are. You need to escape this toxic relationship.
    Answer Applies to: Georgia
    Replied: 1/5/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If you are the victim of domestic violence and you do not want to press charges on the case you need to talk with the district attorney. The district attorney does not require you to aide them in the prosecution of the case, however they will take your wishes into account.
    Answer Applies to: California
    Replied: 1/5/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    In short, you CANNOT have the charges dropped. It is up to the D.A. to determine whether they will proceed with charges. You can certainly express your desire for them to not proceed and your unwillingness to cooperate with their prosecution, but they will determine if they feel they have enough evidence to proceed. I would suggest contacting an attorney to represent your interests to the D.A. and to fully advise you of your rights. Good luck!
    Answer Applies to: Colorado
    Replied: 1/5/2012
    Russman Law
    Russman Law | Ryan Russman
    Unfortunately as a victim in a domestic violence case there is very little you can do to influence the outcome. Once the charges are filed the State take over the prosecution and will take your input but will go what they think is in their best interest.
    Answer Applies to: New Hampshire
    Replied: 1/5/2012
    Raiser & Kenniff, PC
    Raiser & Kenniff, PC | Steve Raiser
    You cannot drop the charges as the charges are brought by the government. You are considered a witness to the crime. However, the prosecutor will contact you to find out what you would like to see happen with the case. You can let them know that you would like the case to be dismissed. The most likely vehicle to dismiss the case is an Adjournment in Contemplation of Dismissal (ACD).
    Answer Applies to: New York
    Replied: 1/5/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    It is not your decision to "drop the charges' The police and prosecutors are tired of women who are beaten or abused and then want go back with the man or not appear in court. The prosecutor will take your wishes into consideration and you can appear at the time of sentencing to tell the judge that you were not injured and that he was a good boyfriend up until the time that he beat you with a baseball bat. They will get a good laugh out of that and then sentence him to whatever they feel is appropriate. You should try to date men who are intelligent, hard working, honest, kind, and not violent idiots. He will not learn his lesson or change his ways and you should stay away from him because the next time the baseball bat might hit you in the head and kill you. If you checked this guys criminal record before you dated him it may have revealed that he was violent or a criminal. Choose your friends and lovers very carefully, they will play an important part in your life.
    Answer Applies to: New York
    Replied: 1/5/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Get over the notion that you can drop charges. Only the prosecutor can file and drop a felony. You are NOT responsible for the possibility that your BF will go to prison; he is! He tried to kill you and assaulted you with a deadly weapon. For the sake of anyone else he may date, you must work hard with the prosecutor to make him accountable for his criminal acts. He nearly killed you and he might succeed with that on you or some hapless idiot who dates him in the future or makes him angry. Whatever happens to your boyfriend is less than what he did and could have done to you or a child some day. Take the emotion out of this equation and try to think of others. What would you do if some stranger broke into your home and did what your BF did? Would you let that slide? Legally, you could shoot such an intruder. All your BF is facing is incarceration. At least if he is in prison, he will get treatment and he won't be so angry coming out of prison. He will learn that violence only begets more violence and prison. Surely, if you had a child and your BF was drunk and playing with a loaded gun and shot your baby, you would hopefully stand up for your baby. The next time your BF starts choking you it may be our last breath. Take care of yourself as you would a child. You are within your rights to discuss the case with the prosecutor and make your feelings known. That may bring about a better plea deal but it is unlikely that the prosecutor will simply drop the charges. The best way to get in touch with the prosecutor is to go through the assigned domestic violence advocate. You should be receiving her information shortly. The other thing you can do is contact your BF's lawyer and tell him or her the truth.
    Answer Applies to: Washington
    Replied: 1/5/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In New Hampshire, people cannot "drop" charges once the police have arrested a suspect for a criminal offense. The State through the Police Department Prosecutor or County Attorney's Office handle prosecution of all criminal matters and have the discretion on how to resolve or even go forward on a particular case. You cannot "stop" the charges. You have the right to provide input under the NH Victims' Rights Act but the bottom line is that the State has the discretion on what direction to take the case. Your ex-boyfriend should definitely speak with an attorney about the case. You can contact the Police Department to speak with the department prosecutor or victim witness advocate or if the case is a felony and is at the county superior court, you can contact the County Attorney's Office and speak with the victim witness advocate there.
    Answer Applies to: New Hampshire
    Replied: 1/5/2012
    Attorney at Law | Ruchee Patel
    You can't have them dropped and if you refuse to cooperate with law enforcement, you can face sanctions from the court. You're not responsible for him going to jail. Society needs to be protected from people like your boyfriend and he brought this on himself. Please go get both legal, physical and mental help you need to stay far away from him.
    Answer Applies to: Tennessee
    Replied: 1/5/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    You can't. What he did is illegal and the State will protect you even if you can't see that you need protection. The State may have a weaker case without you testifying, but only the State can drop it and will if they think it's a bogus charge.
    Answer Applies to: Texas
    Replied: 1/5/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It sounds to me like your boyfriend is not a very nice person. You have no ability to have the charges dropped. Your boyfriend is being charged criminally, which means that he is being charged by the state with a crime. You are the victim/witness of that crime. With that kind of violence exhibited toward you, one has to wonder what kind of a criminal history he has. If he has one, that will also factor into how much jail/prison time he is looking at. You are not the person filing the charges. You are not responsible if he is convicted and ends up in prison. He is the one who chose to assault you.
    Answer Applies to: Washington
    Replied: 1/5/2012
    The Gorman Law Firm | Scott Gorman
    Technically, you cannot have the charges dropped. In your husband's case, the plaintiff is the State, who is represented by the prosecutor. You can advise the prosecutor that you would prefer if the charges were dropped, but the State is not obligated to dismiss the charge against your boyfriend. In fact, you could be subpoenaed to testify against your boyfriend. In practice, prosecutors are usually receptive to the wishes of the victim, as they would rather not have to prove their cases by relying on the testimony of witnesses who have been compelled to testify against their will, but that does not mean that the prosecutor will necessarily drop the charges; it could mean that the State will offer a more favorable plea than would otherwise be available.
    Answer Applies to: New Jersey
    Replied: 1/5/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    As the victim you cannot just have the charges dropped. The prosecutor now makes the decision. You can call the prosecutor and tell him/her you are unwilling to prosecute, but the decision is up to them.
    Answer Applies to: Arizona
    Replied: 1/5/2012
    THOMAS G. GILL, P.A. | Thomas G Gill
    You should seek counseling immediately. Call your local domestic violence shelter. An assault with a baseball bat an can cause permanet injury even death. Choking can as well. You are lucky to be alive and without serious permanent injury. The State alone has the option of moving forward or dropping a case. You are a key witness but they can prove the case without your testimony based on hospital records, police reports/testimony and any other witnesses. You are not responsible for putting him in jail or keeping him out. If he committed these offenses which you state he did then Jail is where he belongs before he seriously injures or kills somebody.
    Answer Applies to: Maryland
    Replied: 1/5/2012
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    The district attorney is the one in charge of prosecuting the case. You cannot dismiss the case unless the DA agrees to dismiss the charges.
    Answer Applies to: Massachusetts
    Replied: 1/5/2012
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    You're not responsible for sending him to prison, he is. It's not your decision to press or drop charges. That decision is up to the DA. Victims of domestic violence ALWAYS want to drop the case, but prosecutors will pursue it with or without your cooperation.
    Answer Applies to: California
    Replied: 1/5/2012
    Law Offices of Andrew D. Myers
    Law Offices of Andrew D. Myers | Andrew D. Myers
    These allegations are of a crime not only against you but also against society. If he has done this to you he is likely to commit similar crimes against others. If he is found guilty, he belongs behind bars. That is my answer.
    Answer Applies to: New Hampshire
    Replied: 1/5/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    The charges are brought by state and only state can drop. You can let state know your desire. You can let boyfriend's lawyer know your position. If you recant you may be charged, so it is important not to say anything that might get you into trouble.
    Answer Applies to: New Hampshire
    Replied: 1/5/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You can't. Only a prosecutor can make charging decisions and decisions to dismiss charges. You may communicate your desires to the prosecutor, but ultimately, they make a determination as to what will occur.
    Answer Applies to: Minnesota
    Replied: 1/5/2012
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