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if a person was charged by her husband for criminal assult

Resolved Question:

if a person was charged by her husband for criminal assult with a weapon, can the husband drop the charges
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Guru_Guy replied 6 years ago.

Hello,

Usually not. There has been a disturbing pattern for many years in domestic violence cases where one spouse is charged, then after everyone cools down, they accused spouse talks the other one into dropping the charges. Police often ended up arresting the same person over and over, but never being able to bring a case to trial. Eventually something terrible such as murder or some other brutal attack would occur. In response to this, most jurisdictions now have special domestic violence laws which require police and prosecutors to pursue an action against accused domestic violence even if the spouse asks that the charges be dropped.

The alleged victim can speak with police and explain that they wish the charges to be dropped and do not wish to cooperate in a prosecution, but if there is still evidence to proceed with the prosecution, police can proceed anyway.

I hope this answers your question.

__________________

Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.

Customer: replied 6 years ago.
so what happens when i go to trial, and if they find me guity, can thye send me to jail or have me pay a fine
Expert:  Guru_Guy replied 6 years ago.

If you have been charged in Missouri with Third Degree Domestic Assault, that is a Class A misdemeanor, which carries a maximum sentence of one year in jail. If you are found guilty, this is a first offense for you, and there is no other history of such behavior, the likely result is probation. But this is largely up to the judge.

Also, keep in mind that just because you have been indicted, that does not mean you will be convicted, especially if the alleged victim decides not to cooperate with prosecutors. If a defense to the charges can also be made on self-defense grounds, there may be some way to resolve it there as well. If there is little evidence, prosecutors may be willing to reduce the charges as part of a plea deal.

If you are facing these charges, you would be well advised to hire an attorney to represent you. Take the charges seriously. Even though an attorney costs money, if it helps you get rid of serious criminal charges that would cost you a lot more, it is well worth it.

I hope this helps!

__________________

Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.

Guru_Guy, Lawyer
Category: Criminal Law
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Experience: Attorney trained in criminal law matters, and many years of advising on such matters..
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