Assault charges can have a profound impact on your life, affecting your reputation in your community, the jobs open to you, and your financial stability. If you’ve been arrested for assault in Southern California, you may be wondering if getting your charges dropped is likely—or even possible. The criminal defense attorneys at the Law Offices of Robin D. Perry & Associates can help you explore your options.
Led by Attorney Robin D. Perry, Esq., the team at our criminal defense law firm is committed to helping those facing conviction protect their civil and legal rights. Mr. Perry has spent more than 25 years representing clients as they seek justice, whether that’s via the criminal justice system, a personal injury suit, or another avenue. Set up a time to meet with our team now by calling us at 562-216-2944.
Dropped Assault Charges—Factors That Come Into Play
Of course, it’s always possible for criminal charges to get dropped, particularly with the help of a criminal defense lawyer. It happens all the time when new evidence comes to light, prosecutors realize the evidence they have is weak, or the prosecutor simply declines to follow up. However, assault is a serious offense in California, potentially leading to fines, a long probation, or time in jail. Assault requires an intentional attempt to cause harm to someone else. Note that the law states an intentional attempt—even if the attempt is unsuccessful and the victim suffers no physical harm, the crime has still been committed. When there’s a victim involved, getting charges dropped can be difficult.
A number of factors determine whether or not you have a chance of getting your assault charges dropped. First, the strength of the evidence is incredibly important. For example, an alleged assault caught on a business’s security camera and backed up by three eyewitnesses and the victim is a completely different situation than an alleged assault with no visible injuries, witnesses, or evidence beyond the victim’s report.
Another important factor is the severity of the alleged offense. While assault is an intentional attempt, there is a clear difference in severity between an unsuccessful attempt and a severe beating that leaves the victim suffering. The more severe an alleged assault is, the more likely the prosecutor is to follow up with charges.
The offender’s criminal history may also affect the prosecutor’s choice. Remember, the prosecutor isn’t just seeking justice for the victim; they are also trying to keep the community safe for everyone else. If someone has a record that indicates a habit of similar behavior, charges are more likely to stick.
Finally, the wishes of the victim may be considered—but remember that they do not get the final say. Even if a victim wants to have charges dropped, the prosecutor may choose to move forward with them if they feel the alleged perpetrator must face justice.
Working With a Criminal Defense Law Firm
If you’ve been charged, protecting your rights is of the utmost importance. Anything you say to the police could harm your case, so after you’re arrested, wait to speak to them until you have a criminal defense attorney present. They’ll walk you through what to expect in the coming days and weeks while building a defense. Your criminal defense lawyer may explore getting your charges dropped in addition to other options, such as a plea deal.
The Role of the Prosecution
There’s a common misconception that victims of crimes decide to press charges, and therefore, that they decide whether or not to drop them. While the prosecutor may take the victim’s wishes into account, the final decision rests with the prosecutor. Furthermore, pushing a victim to ask for charges to be dropped can work against the alleged perpetrator when it’s time to consider plea deals or go to court.
Discuss Your Legal Options With the Law Offices of Robin D. Perry & Associates
If you’ve been charged with assault in California, working with an experienced legal team is crucial. We can help you fight unfair charges and work towards the best possible outcome for you. Start with a consultation—call us at 562-216-2944 or contact us online to schedule a time that works for you.