There are many different forms of assault and they all depend on the circumstances. There are misdemeanor assault charges, simple assault charges, aggravated assault charges and the third-degree felony. What separated them is to whom the assault was committed, if there were any deadly weapons used during the assault and in what context that assault was committed.
How can you drop assault charges?
This can prove to be very difficult. Actually, calling the police and asking them to drop the assault charges will not work. The prosecutor will refuse to answer your calls and the best thing is to work with the defense attorney handling that case. You should not talk with the prosecutor before talking with the defense attorney. To get the charges dropped, a few things have to be considered like:
· An affidavit of non-prosecution.
· A sworn statement correcting everything said to the police.
· Any other information given by the prosecutor.
Could the state pick up the assault charge?
Despite you, the victim, not wanting to prosecute, the state can go ahead and do it. In most criminal cases, it is usually not up to the victim whether a case will be prosecuted. It will be the state versus the defendant. The prosecutor will not dismiss a case simply because a victim is asking but the state, however, can drop the charges. A prosecutor is likely to go on with the case even if you don’t cooperate.
When subpoenaed, if you do not make a court appearance, you will get a writ or attachment and a deputy Sheriff will bring you to court in person. At that point, you will have to testify the safe facts you did before or the prosecutor could accuse you of making false accusations. Only a great defense attorney can help dismiss a case before this point and if not possible, they will be ready for trial.
Can assault be proven without a witness?
What will happen if the victim fails to show up at trial? First, try not to hope that the prosecution will not be able to get a witness. Understand that it is the state that will be prosecuting you and not the victim. If the victim fails to appear, the state will ask for a Continuance and reschedule the trial. In Texas, the state gets one continuance in case of unavailability of the victim, who will also be the witness. If the victim fails to appear a second time they get the writ of attachment.
Most domestic violence prosecutions, however, don’t usually need the victim’s testimony. The statement the victim makes when they call 911 could be used as video or recording or a police officer could testify on what the victim said.
What is aggravated assault?
Simple assault is when you recklessly, intentionally or knowingly harm another person physically. You can either do it using offensive physical contact or issuing threats. Aggravated assault is doing simple assault but with serious bodily injuries and involving or using (or even displaying) a deadly weapon. This means that aggravated assault is at least a second degree felony. Whether the charge is second or third degree will depend on who that crime was committed against.
With all the different levels of assault available, you will need to have an aggressive defense attorney defending you. Your freedom will need to be protected and you need someone who understands whether the charges actually suit the crime you allegedly committed. You might get harsher penalties that you deserve, especially if the prosecution is trying to pressure you into a plea deal for lesser charges.