Will Assault Charges be Dropped if the Victim Doesn't Want to Prosecute?

Possibly, but it mainly depends on the prosecutor.

A criminal assault or family violence charge in Texas is a proceeding between the State of Texas and the accused. The victim is mainly treated as a witness. The decision to prosecute is squarely on the prosecuting attorney.

This is typically a policy driven area with prosecutors. The Collin County District Attorney's office has a no dismissal policy.

Many criminal defense attorneys or prosecutors ask that alleged victims that wish to drop charges fill out an "affidavit of non-prosecution." That is a statement under oath which gives the alleged victims reasons for not wanting to prosecute. An affidavit of non-prosecution does not bind the prosecutor or the judge to dismiss the case.

If the alleged victim is considering filing an affidavit of non-prosecution, that statement is a statement under the penalty of perjury. If the alleged victim gives an inconsistent account in the affidavit as she did to the police -- she may be charged with giving a false statement to a police officer. It is crucial for the alleged victim to know that defendant's lawyer is not their lawyer. In fact, that lawyer has a direct conflict of interest in advising them. It is not imprudent, improper, or uncommon for the alleged victim to have their own attorney in these situations.

Jeremy F. Rosenthal, Esq.

(972) 562-7549

*Jeremy F. Rosenthal is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice, please consult an attorney.

www.thecollincountylawyer.com