Is there any chance of having a simple assault charge dropped or at least the charges reduced?

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Is there any chance of having a simple assault charge dropped or at least the charges reduced?

I pressed simple assault and harassment on my husband but he refused to take the district attorney’s plea offer in the court of common pleas. So it’s now going to criminal court and I have had a change of heart. I don’t want to go through with the charges; I just want to continue living our lives without tension. I don’t want our kids to grow up and question why I did that instead of just staying away and moving on with my life. I also have a current 3 year protection from abuse order that I’d like to drop too.

Asked on February 2, 2019 under Criminal Law, Pennsylvania

Answers:

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

Answered 2 years ago | Contributor

The fact is that whether or not to drop a case (i.e. prosecute) rests with the state and not with the victim. Accordingly, the case against your husband may go forward even if you object. While the prosecution's case would be stronger if you cooperated, if there is other strong evidence to support the charge, the case won't be dropped. DA's don't want offenders to think that they can intimidate a victim and can get away with thier behavior. You should also be aware that if you are subpoenaed to testify at trial, you must appear or risk being found in contempt of court.Here is a link to an article that will explain further: https://family-law.freeadvice.com/family-law/domestic_violence/how-do-i-get-charges-of-domestic-violence-dropped.htm

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

Answered 2 years ago | Contributor

The fact is that whether or not to drop a case (i.e. prosecute) rests with the state and not with the victim. Accordingly, the case against your husband may go forward even if you object. While the prosecution's case would be stronger if you cooperated, if there is other strong evidence to support the charge, the case won't be dropped. DA's don't want offenders to think that they can intimidate a victim and can get away with thier behavior. You should also be aware that if you are subpoenaed to testify at trial, you must appear or risk being found in contempt of court.Here is a link to an article that will explain further: https://family-law.freeadvice.com/family-law/domestic_violence/how-do-i-get-charges-of-domestic-violence-dropped.htm


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