Can I Drop Assault Charges Against My Partner?

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By Nathaniel Pitoniak on October 2nd, 2024 in Uncategorized

How Long Does the Process to Drop Charges Take?  

If you’re wondering, “can I drop sexual assault charges against my partner,” you’re also likely wondering how long will it take? Often, spouses or partners regret involving the police because the charges are filed by the State. 

Expediting the process to get the charges dropped quickly starts with contacting an attorney. 

Unfortunately, it’s not as easy as requesting the charges to be dropped and it happening the moment that you hang up the phone or walk out of the office.  Much goes on behind the scenes, and there’s no guarantee that the charges will be dropped. 

What you can do to move the process along is: 

• Contact a lawyer in Houston who has experience helping partners drop charges. 

• Request a consultation with a lawyer to better understand if the charges are likely to be dropped. 

• Begin working through strategies to get the charges dropped. 

We don’t know if or when the charges will be dropped, but we’ll look for some of the common reasons why charges can be dropped to use them in your favor. 

What Are the Factors That Decide Whether or Not You Can Drop the Charges? 

In the state of Texas, only the prosecutor or district attorney has the power to drop assault charges.  

If you wish to drop the charges, you will need to persuade the state to do so.  

Criminal charges can be dropped for a variety of reasons, including but not limited to: 

• Lack of evidence. If the state does not have enough evidence to prove its case beyond a reasonable doubt, the prosecutor may be more inclined to drop the charges. 

• Witness credibility. If the victim has changed their story or the reliability of other witnesses is questionable, the charges may be dropped. 

• Mitigating circumstances. If the defendant acted in self-defense or other factors like mental capacity are at play, the prosecution may be swayed to drop the charges. 

• Violation of rights. If the police violate your partner’s rights during the arrest, interrogation or search, any evidence obtained may be excluded. The prosecution may not have sufficient evidence to build a strong case and may be persuaded to dismiss the charges. 

The prosecution can also simply dismiss charges at their discretion if they feel a conviction is unlikely or it is in the interest of justice. An attorney may be able to negotiate to get the charges dismissed.  

However, there are some factors that will make it challenging or impossible to get the charges dismissed absent one of the above-listed factors. If the incident involves any of the following, the state will be less inclined to drop the charges: 

• Use of a deadly weapon 

• Serious bodily injury 

Aggravated assault is a serious, felony offense, and the charges are not likely to be dropped. The more severe the injury and violence, the less likely you will succeed in dismissing assault charges against your partner. 

Why You Should Choose Attorney Nathaniel Pitoniak to Protect Your Rights 

Attorney Nathaniel Pitoniak is a former Felony and Chief Prosecutor who knows and understands how prosecutors operate. His unique insight into the mind of a prosecutor allows him to: 

• Strategize to have charges dropped 

• Discover factors that can lead to dropped charges 

• Achieve a positive outcome for his clients 

There’s no guarantee that you can drop assault charges against your partner, but Nathaniel will do everything in his power to help you get the charges dismissed. 

If you’re searching for answers to the question, “Can I drop sexual assault charges against my partner,” we can help. 

Contact us and we’ll begin working to request that the charges be dropped.