Can I get the assault charges I have against my boyfriend dropped?

My boyfriend and I were arguing the other day when he punched me in the arm. My mom brought me to the police station and they charged him with domestic and aggravated assault because he had a knife on him at the time. I signed saying where I would prosecute but quickly changed my mind right after and

told the officers but they said it was out of my control now. Since I am the only witness and other than the knife there’s no other evidence, if I drop the charges will they continue with his case? If worse comes to worse, I thought that I can just recant my story but will that result in legal trouble for me?

Asked on April 10, 2017 under Criminal Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, it is up to the prosecutor, not the alleged victim as to whether or not criminal charges are dropped. This is true even if the alleged victim does not want to cooperatete with the prosecution. If there is other evidence to support the charge, then the case can still go forward. As for your recanting your statement, it again will be up to the prosecutor as to what will happen. At this point, you should consult directly with a local criminal law attorney.  


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