Felony Assault

[Shelley Birch]

What is the name of your state (only U.S. law)? California, If charges are filed for Felony Assault, can the charges be dropped by the person that filed the charges in the first place?

 

[CdwJava]

What is the name of your state (only U.S. law)? California, If charges are filed for Felony Assault, can the charges be dropped by the person that filed the charges in the first place?

I assume this is for a felony domestic violence charge? (since this IS the DV folder ...)

You have likely been charged with PC273.5 or something more serious. In short, no, the victim cannot "drop" the charges as the victim does not PRESS charges to begin with. The state - through the prosecuting attorney - pursues charges through the courts.

Since some 75% of victims in DV cases recant or outright lie to deny what they originally said, the state expects the victim to change their tune and even risk jail for perjury or making a false report. So, they often build their case with such a lack of cooperation in mind.

 

[Shelley Birch]

Reponse was what I thought was should be.

I was asked by a friend if it were possible to drop the DV, Felony Assault charges that had been filed against them, and the reponse recevied was what I had quoted her. I was thankful for your expert response, as I am just a layperson when it comes to the legal aspects of the law.

Thank you so much, for your return response.

Shelley Birch