A gentleman I know was recently assaulted by a couple of gentlemen for his brand new iPhone 10. He put up a fight (both of his hands were swollen) but lost and was least unconscious and naturally lacking his phone. Officers were called to the scene and tried to wake him up. He apparently woke up and started swinging at the officers (presumably believing he was still being attacked) but made zero contact (hence the simple assault charge). What's the likelihood that these charges can get dropped versus sticking?