How to get assault charges dropped againat my partner?

My boyfriend and I got in an argument last night, we were drinking, he grabbed my arm, I got a bruise, my sister who was also drinking called the cops, they showed up, saw the bruises asked what happened I told themband they arrested him charged him with simple assault, he didn’t hit me just grabbed my arm, I don’t feel that he should have been put in jail or assaulted me, I want to get charges dropped. How can I do this?

Asked on August 31, 2018 under Criminal Law, North Carolina

Answers:

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

Answered 2 years ago | Contributor

First of all, an assault is the act of inflicting physical harm or unwanted physical contact upon a person or a threatening/attempting to commit such an act. Accordingy, even if your boyfriend just grabbed your wrist, that  constituted an assault. As for dropping the charges, whether or not to prosecute a case (i.e. dropping charges) is a decision that rests with the state and not with the alleged victim. What that means, is the case against your boyfriend may be prosecuted over your objection. While the prosecutor's case would be stronger with your testimony, if there is other evidence to support the charge the case may still go forward.

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

Answered 2 years ago | Contributor

First of all, an assault is the act of inflicting physical harm or unwanted physical contact upon a person or a threatening/attempting to commit such an act. Accordingy, even if your boyfriend just grabbed your wrist, that  constituted an assault. As for dropping the charges, whether or not to prosecute a case (i.e. dropping charges) is a decision that rests with the state and not with the alleged victim. What that means, is the case against your boyfriend may be prosecuted over your objection. While the prosecutor's case would be stronger with your testimony, if there is other evidence to support the charge the case may still go forward. 


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