When a person has been arrested for assault, they may be unsure about their legal options, the steps they can take to defend against criminal charges, and whether it may be possible to have their case dismissed. One of the most common misconceptions about assault cases is that the alleged victim has the power to decide whether a person will be charged with a crime.Â
Many people believe that if the other person decides they do not want to press charges, the alleged perpetrator will not face prosecution. The legal process does not work that way and understanding how assault charges are actually handled can be important for anyone facing these allegations.
How Assault Charges Work
The first and most important thing to understand about criminal assault charges is that they are brought by the government, not by the alleged victim. When law enforcement officers arrest a person based on suspicions that they have committed a crime, the prosecutor will decide whether to file charges. The alleged victim may be a witness, and their testimony may influence the prosecutor’s decisions, but they will not be the decision-maker in a criminal case.
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This means that even if a person who reported an incident or claims that they were assaulted says that they do not want to press charges, changes their story, or refuses to cooperate with law enforcement, the prosecutor may still move forward with the case. Prosecutors can proceed without the victim's participation, and charges may be based on police reports, medical records, testimony from other witnesses, security camera footage, or other evidence.
How Different States Define Assault, Battery, and Related Offenses
The specific laws governing assault vary from state to state, and it is important for a person to understand the specific charges they may face. In many states, assault and battery are treated as separate offenses. Assault usually refers to acts that cause another person to fear that they will suffer harm, and a person could be charged with this crime even if there was no physical contact. Battery involves injuries or contact that occurred without the consent of the other party, including actions that led to injuries or contact that could be considered to be offensive or provocative.
In states where assault and battery are separate offenses, a person could face either of these charges, or they may be charged with both assault and battery. In other states, assault and battery may be combined into a single offense, and a person may be charged with a crime based on any actions that could be considered assault or battery.
States may also distinguish between simple assault and aggravated assault. Simple assault generally involves minor physical contact or threats. Aggravated assault may involve serious injuries, the use of a gun or other weapon, or other factors that may make an offense more serious.Â
What if the Alleged Victim of Assault Wants to Drop Charges?
While an alleged victim's reluctance to cooperate with law enforcement will not automatically end a case, it can affect the outcome. Prosecutors will look at the strength of the evidence that is available when deciding how to proceed. If the only evidence against a defendant is the testimony of the alleged victim, and that person refuses to testify, the case may become difficult to prove beyond a reasonable doubt. In those circumstances, a prosecutor may decide to reduce the charges, offer a plea agreement, or dismiss the case.
Other factors may lead prosecutors to move forward with a case and prosecute a person on assault charges, including:
- Independent Evidence: If police officers documented the injuries that allegedly occurred because of a person’s actions or obtained footage of an incident from a building’s security cameras, that evidence may support a conviction without the alleged victim's testimony.
- Witness Testimony:Â Other people who witnessed the incident may testify about what they observed.
- Prior Incidents:Â If the defendant has a history of aggressive behavior or convictions for assault, domestic violence, or other violent crimes, a prosecutor may decide to pursue assault charges.
- Domestic Violence Policies:Â Based on local policies, prosecutors may choose to proceed with a case against a person who has been accused of domestic violence regardless of the victim's wishes.
Civil Claims: A Separate Legal Matter
Whether a criminal case involving assault charges proceeds or charges are reduced or dismissed, a person who has been accused of assault may need to respond to a civil claim made by the alleged victim. If assault and battery allegedly led to injuries or other damages, the alleged victim may file a personal injury lawsuit and seek monetary compensation from the alleged offender.
A civil claim for assault or battery does not require a criminal conviction. The standard of proof in civil claims is lower, and a person who has been found not guilty of assault or who has not been prosecuted may still be held liable if a court determines that they were responsible for the alleged victim’s damages.
In a civil claim, an alleged victim may seek compensation for:
- Medical Expenses:Â Emergency treatment and ongoing care related to injuries suffered during the incident.
- Lost Wages:Â Income lost while recovering, as well as reduced future earning capacity.
- Pain and Suffering:Â Compensation for physical pain and emotional distress.
- Punitive Damages:Â In cases involving allegations of egregious conduct, a court may award additional damages to punish the defendant.
Legal Help in Cases Involving Assault
A person who is facing assault charges may be concerned about penalties that could affect their freedom, reputation, employment, and financial security. A criminal defense attorney can provide representation in these cases, providing guidance on how to challenge the accusations and defend against a conviction. For those who have suffered harm due to assault, a personal injury lawyer can assist with civil claims and provide guidance on the steps that can be taken to recover compensation for a person’s injuries, financial losses, and other damages.
