What should he do for charges of hitting a girl? 1 Answers as of November 11, 2010

A girl claimed my Grandson hit her and filed charges. Now she claims he did not actually hit her. But she had already made the report. She called the DA's office but they said it is out of her hands and up to the court. Now a court date has been set. What are his chances? Does he need a lawyer? How much will fees be? And what should we do for now? Thanks!

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
All jurisdictions handle these situations differently.

For example, in St. Louis County, an assault victim can request an Affidavit of Non Prosecution (a refusal to cooperative with the prosecution). However, if the prosecutor believes that they can win the case without the victims cooperation (for example, because someone else saw the assault, the cops took photographs of her injuries, your grandson gave a confession, etc) then they will not drop the charges.

Additionally, the prosecutor can still subpoena the girl to trial. If she does not show up, she'll be in trouble. If she does show up, she will have to take the stand and will be under oath. If she lies and the prosecutor can prove it, she could be charged with perjury. That is a common threat prosecutors make to uncooperative victims.

This is a tricky situation, so your grandson probably does need an attorney. Assuming it is a class A misdemeanor in Missouri, it carries a fine of up to $1,000.00 and/or jail time of up to 1 year. His chances of winning at trial depend on the specific facts, and the likely sentence depends in large part on his criminal history. The fees vary by attorney.

Feel free to contact me with any further questions.
Answer Applies to: Missouri
Replied: 11/11/2010
Click to View More Answers: