Someone who believes they have suffered an assault may later decide that they no longer want to press charges against the alleged assailant, either because they have reconciled with that person, the person has apologized and shown remorse for their behavior, or the purported victim regrets their role in the events leading up to the assault.
However, a purported victim cannot stop an assault case from proceeding simply by calling the police. Instead, once assault charges have been filed against a suspect, the legal authority to drop charges belongs to the prosecutor’s office and the court system, according to Colorado law. As a result, prosecutors can continue to pursue charges even if the alleged victim wants the prosecution to end.
Can You Drop Assault Charges Against Someone?
The criminal justice process begins when someone reports an assault to law enforcement. Police investigate the alleged assault, and if they find probable cause to believe that an assault occurred, law enforcement turns the case over to the prosecutor’s office to determine whether to file charges. Once the prosecutor’s office has filed criminal charges, only the prosecutor’s office can drop the criminal case.
The Legal Process for Dropping Assault Charges
The prosecutor’s office might decide to drop assault charges because the alleged victim no longer wishes to participate in the prosecution or because the prosecutor believes they have insufficient evidence to secure a conviction. In this case, the prosecutor’s office will file a motion with the trial court to dismiss the assault charge.
However, assault charges involving domestic violence cases have a “no-drop” policy due to the risk of victims facing threats or pressure to recant their allegations. As such, the prosecutor’s office must certify that the state has insufficient evidence to bring the defendant to trial to seek a dismissal of the assault charge. Thus, the court must authorize the dismissal of domestic violence assault charges.
Common Challenges in Dropping Assault Charges
Prosecutors might hesitate to grant an assault victim’s request to drop criminal charges for various reasons, including concerns that:
- The defendant may have pressured or threatened the alleged victim into recanting their allegations.
- The alleged victim may face future assaults unless the defendant faces justice.
- The prosecution has other overwhelming evidence of the defendant’s guilt and does not need the alleged victim’s testimony.
- The prosecutor’s office may face public backlash for letting the defendant off the hook for domestic violence charges.
How a Lawyer Can Assist in the Process of Dropping Assault Charges
Our experienced attorneys can help you navigate the criminal justice system to drop assault charges by:
- Explaining how the criminal justice system works so you know what to expect when asking to drop assault charges
- Communicating with prosecutors on your behalf to express your wish not to proceed with the prosecution
- Ensuring you understand the potential outcomes of your request, including the possibility that prosecutors continue the case and subpoena your testimony for trial
If you’ve decided you want to have criminal assault charges dropped against someone, you need experienced legal guidance to help you work with the criminal justice system. Contact Peakstone Law Group today for a confidential free consultation with a knowledgeable criminal defense attorney to discuss your legal options.