Can I Drop Assault Charges Against My Partner?
By Nathaniel Pitoniak on September 13th, 2021 in
Can I Drop Assault Charges Against My Partner?
Imagine a situation wherein a domestic dispute turns violent and the police are called. The police question the two individuals, gather evidence, and eventually determine that domestic assault has occurred. When someone is accused of domestic violence or assault in Texas, the State takes responsibility for the issue.
Perhaps this incident was a misunderstanding or one spouse later regrets involving the authorities. This may raise the question of whether or not an individual is allowed to drop assault charges against their partner. The issue is complicated by the fact that charges are not filed by the victim of assault, but rather they are filed by the State, giving the prosecutors the final say in whether or not charges are dropped.
This is a common issue that we handle at the Law Office of Nathaniel Pitoniak. Given our unique background, skill set, and expertise in handling criminal assault charges, we have successfully negotiated assault charges between partners, even when the State wants to proceed with the case. Handling this situation can be stressful and difficult, but options are available to you. Find out more by calling us at (832) 315-6283 today.
What Is Family Violence in Texas?
There are different types of charges that can be brought up between partners. According to the Texas Penal Code Title 5 Chapter 22, assault occurs under the following circumstances:
- intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
- intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
- intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Therefore, under this definition, assault can be found to have occurred if a person intentionally causes or threatens bodily harm to their spouse or partner. Notice that this is slightly different from aggravated assault, which includes the use of a deadly weapon or the infliction of severe bodily harm.
These offenses include any violence against a family member, household member, or – for our purposes today – a current or past romantic partner. An assault charge carries with it different penalties than an aggravated assault charge. These differences can affect whether or not you can drop charges against your partner.
How Do Assault Charges Work In Texas?
Not all assault charges are the same, and the differences in charges depend on the severity of the assault and the unique circumstances of the case. Assault penalties range from relatively minor misdemeanors to felonies, the latter carrying potential jail time and steep fines.
The most important aspect to consider is that the prosecutor issues the charge, not the victim. This means that the victim of the assault does not have the authority to drop charges. Rather, the victim must appeal to the prosecutor, hoping they will agree to drop the assault charges against their partner.
When the crime is governed by the prosecutor’s office, or more generally by the State, it complicates the process of dropping charges. It is not impossible to persuade the prosecutor to drop assault charges against your partner, however. Successfully dropping charges requires specific legal action and strategy to accomplish.
How Can I Drop Assault Charges Against My Partner?
When an individual wants to drop assault charges against their partner, they must first compel the State to evaluate their case. This can be done using a few strategies, including:
- Submitting a sworn statement to amend statements made to the police
- Seeking counseling services or other remedial programs
- Proving that there is insufficient or exculpatory evidence
It should be noted that none of these methods are successful 100% of the time, and it requires a great deal of legal strategy to persuade a prosecutor to drop a case. While advice varies between lawyers, it is recommended to weigh the unique situations of a case and respond accordingly. In some cases, it may be straightforward to drop assault charges against your partner while in other cases it is unfeasible.
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.
Do Affidavits of Non-Prosecution Work?
Typically, a generic, boilerplate affidavit of non-prosecution is less likely to sway a prosecutor than one tailored to the specific facts of the case prepared after review of all of the available evidence by an experienced criminal defense lawyer. An impactful affidavit cannot be made using a form. An affidavit is more likely to be well-received if prepared in consultation with an experienced criminal defense lawyer.
Remember, while you may be working to drop assault charges against your partner, the prosecutor of the case has a legal duty and interest in pursuing the case, especially if sufficient evidence exists.
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.
Can A Criminal Defense Attorney Help Drop Assault Charges Against My Partner?
It can be difficult to determine whether or not you can drop assault charges against your partner. Successfully dropping assault charges requires a level of legal strategy and know-how to navigate the issue and persuade the prosecutor to drop charges.
If your loved one is facing an assault case and you are wondering how to drop the charges, consider seeking professional legal assistance. The experienced team of attorneys at the Law Office of Nathaniel Pitoniak have vast practice in successfully dropping assault charges against a partner, and we are available to help you. Call us today at (832) 315-6283 to learn more.
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.
