Third Degree Assault ??Dropping Charges..?

What is the name of your state?NY

If someone is charged with 3rd degree assault in NY(i know the terms of the law) and the family/person the alleged crime was against clearly states on RECORD that they wish the accused not to be arrested and charges not to be pressed since they didn't see the act as criminal but rather more or less accidental...(The family originally thought that they needed to file a police report in order to gain restitution for an injury )......can and or will the DA drop all charges and will the arrest record be cleared...I understand I am throwing a lot at you all but any answer at all with some knowledge of dropping chrages and how the DA works would be nice
- Thanks in Advance

CAN the DA drop the charges? Yes. The question then becomes, WILL he?

And chances are the record of the arrest would not be thrown out - why should it? The arrest happened.

But, if this is a rinky-dink assault, and the victim wants to drop the thing of their own free will, my guess would be that it will. However, if a 3rd degree assault is a felony, than the chances are it won't be and the state may well pursue the matter.

It may be time to see a lawyer.

Carl

In NY 3rd degree assault is a grade A misdemeanor...The case is Rinky Dink the problem is an injury occured...and due to new DV laws an arrest and what not HAD to occur.....Apparentley DV laws are becoming a bit biased.....Isn't it true that even a recorded statement by the family of an alleged victim states that they don't want any charges pressed and a criminal charge was not intended (due to the fact that they didnt't understand the law) wont necessarily stop the DA from pressing the charges..?

runner16 said:

Isn't it true that even a recorded statement by the family of an alleged victim states that they don't want any charges pressed and a criminal charge was not intended (due to the fact that they didnt't understand the law) wont necessarily stop the DA from pressing the charges..?

Click to expand...

That is correct.

Ah! This is a DV case. Well, then, I would not be surprised if the DA takes it and runs with it.

And I wouldn't say the laws are "biased", they have been created to try and work around the special circumstances that exist in DV cases - the hold the suspect usually has over the victim. Since the victim rarely wants to press charges for a host of reasons (and some 75% of DV victims recant later), the state has decided that they would remove much of the discretion from the victim to try and negate the control a suspect often has over the victim.

Anyway, don't count on charges being dropped.

Carl