How to Have Assault Charges Dropped

Co-authored by Clinton M. Sandvick, JD, PhD

Last Updated: March 17, 2021 References

If someone has assaulted you, then the state may want to prosecute the perpetrator. Because assault is a crime, the state does not need your permission to bring criminal charges.^{[1]
X
Research source} However, if you would like to have the charges dropped, then you should contact the police or the prosecutor. You are not in control of whether or not the state chooses to drop the assault charges. Nevertheless, you can make a request that the charges be dropped.

Part 1

Part 1 of 2:

Taking Preliminary Steps

1
Decide why you want to drop the charges. Assault is a crime. Accordingly, the public wants to punish anyone who commits assault since that person is a danger to commit assault again unless they suffer punishment. You will not be in control of whether or not the charges are dropped. Nevertheless, you should identify why you want the charges dropped.
- Did you lie to the police and now feel guilty? That is a legitimate reason. Nevertheless, you will have to admit to the police that you lied. You cannot craft a new lie in the hopes that the police will drop the charges. Instead, you need to come clean that you lied when you claimed that you were assaulted.
- Were you assaulted by a domestic partner? You might fear that he or she will be punished and hope to protect your partner.^{[2]
  X
  Research source} Also, you may depend financially on your partner. With a felony conviction, your partner may lose a professional license or job. Furthermore, he or she could be sent to prison.
- Are you scared of the perpetrator and fear retaliation? Sometimes, the victims of assault worry that the perpetrator will come after them if they cooperate in the prosecution.
2
Think over your decision. You have options other than asking that the assault charges be dropped. For example, you could get a restraining order if you fear reprisal from the abuser. This order will order the abuser to stay away from you and even move out of a shared residence. Also, restraining orders can prohibit the abuser from owning a firearm or command that the abuser get substance abuse treatment.^{[3]
X
Research source}
- Should the abuser violate the restraining order, then he or she can be arrested and put in prison or else face heavy fines.
- For more information on how to get a restraining order, see Get a Restraining Order.
Advertisement
3
Seek legal advice. Before contacting the police to request that the charges be dropped, you should meet with an attorney. A lawyer will know how likely it is that a prosecutor will drop assault charges. To find a qualified criminal law attorney, you can contact your state’s bar association. It should host a referral program.
- You may be worried about the costs of hiring an attorney. Most states allow lawyers to provide “limited scope representation.” This means that the lawyer only does the tasks you give him or her.^{[4]
  X
  Research source} If all you need is advice, then you can pay for a half-hour meeting where you discuss your situation.
- It can’t be stressed enough how important it is to speak to a lawyer. Each prosecutor handles assault charges differently. Some might prosecute aggressively, regardless of what the victim wants. Other prosecutors might not want to prosecute if the victim resists co-operation. Only an experienced lawyer can tell you what you need to do to increase the likelihood that the charges will be dropped.
- For tips on finding a lawyer, see Choose a Criminal Defense Lawyer.
4
Encourage an abusive partner to get a lawyer. The police might still go ahead with the prosecution even if you recant your statement. If the state has witnesses to the assault, then they might not even need the victim’s testimony. For this reason, the abuser should plan on being prosecuted.
- With a lawyer’s assistance, however, the abuser has options. Some states offer “diversion” programs. In these programs, the abuser will attend counseling and self-help classes in exchange for the charges being dropped.^{[5]
  X
  Research source}
- Even if your state does not offer a diversion program, the abuser could plead guilty to a reduced charge, such as a misdemeanor.^{[6]
  X
  Research source}
- Only a qualified attorney can advise the perpetrator of how the local prosecutor will handle a domestic violence case. Accordingly, he or she should meet with a lawyer.

Part 2

Part 2 of 2:

Asking the State to Drop Assault Charges

1
Visit the police and recant your statement. If you lied and falsely accused someone of assault, then you should recant your statement.^{[7]
X
Research source} You can call the police and schedule a time to come in and issue the recantation. The police will want to ask you questions about why you lied.
- You might face charges for falsifying information to law enforcement. For this reason, you should definitely have legal assistance. Talk over the likelihood of criminal prosecution for falsifying information with your lawyer.
2
Sign an Affidavit of Non-Prosecution. This affidavit is used in some states (like Texas). By signing the affidavit, the victim states what happened and that he or she does not want to press charges and does not want to testify at trial.
- Sometimes, these affidavits can be introduced at trial. In that situation, the affidavit can cast serious doubt on the state’s case against the perpetrator of the assault.
- Because the wording of the affidavit is critical, you need to have an attorney draft it for you.
- For more information on affidavits, see Write an Affidavit.
3
Refuse to testify. If you are married to the abuser, then you could exercise spousal testimonial privilege. This means that you cannot be compelled to testify against your spouse. Some states, however, recognize an exception where the victim has been abused by a spouse.^{[8]
X
Research source} In those states, you cannot exercise the privilege.
- You should ask your lawyer about the current status of the spousal testimonial privilege in your state and whether this is an option for you.
- You should never go into court and lie on the witness stand. You could be charged with perjury, which itself is a serious crime. If convicted of perjury, you could face up to one year in prison and steep fines.^{[9]
  X
  Research source}