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    4.  — What Happens When Your Spouse Wants To Drop Your Assault Case

Dropping Assault Charges On Spouse

My spouse wants to drop my charges. Will my case be dismissed?

Assault Family Violence

The short answer to this question is no. Even though your spouse, partner, or family member wants your assault family violence charge to be dropped, this most likely will not happen without some work from an attorney.

Let’s review some policy reasons why the district attorney will not automatically drop the charges against you even when the alleged victim wants the case dismissed. Typically, after a person has been arrested for assault family violence, cooler heads prevail. The parties reconcile, and they want to move past the regrettable incident. In most cases, this was a one-time occurrence and does not indicate a larger problem.

However, the district attorney’s office does not know and cannot know if this incident is indicative of a larger problem. As a matter of public policy and to ensure public safety, the district attorney’s office takes every allegation of assault family violence seriously and, therefore, prosecutes almost every single one.

Also, dropping every case the victim did not want to prosecute could lead to larger problems for the District Attorney’s Office. A lax prosecutorial policy would most likely lead to repeat offenses, more cases, and the wasting of resources for the District Attorney’s Office.

Conversely, being arrested, going to court on multiple occasions, and paying an attorney costs a lot of time and money. This strict prosecutorial policy for assault family violence has a great deterrence effect for the District Attorney’s Office. It is a good way to teach people to think twice before escalating an argument where the police might need to be called.

In short, if your spouse, partner or family member wants your assault family charge to be dropped, this is very helpful for your case. However, this fact alone will not get your case dismissed. An experienced attorney will take this information and apply it to your facts to get your case dismissed.

If you, your spouse or another loved one has been arrested for assault family violence and need an attorney, please call The Cook Law Firm & Associates PLLC at 210-740-0281 or use the following link to send an email explaining your situation.

Call your domestic assault defense lawyer in San Antonio, Justin Cook. 210-740-0281