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xavierjd
xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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can someone choose not press charges for battery or assault.

Customer Question

can someone choose not press charges for battery or assault. is it a personal choice
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

Was it a domestic assault/battery?

Were the police called to the assault/battery?

Did you make a written statement?

Did you speak to a detective?

Thanks
Customer: replied 1 year ago.

it was not domestic. the police were called not necessarily for battery assault but were called after an incident then the detective have contacted the person I was involved with he was asked to sign papers for assault and battery he chose not to but he signed papers for disorderly conduct. is this possible


 


I did not make any written statements, and no I did not speak to any detective

Expert:  xavierjd replied 1 year ago.
Hi,

Yes. It is possible for the other person to refuse to sign papers for assault and battery.

If the police were called and an officer or a witness saw you engage in "disorderly conduct," then you can be charged with that crime.

Disorderly conduct is a FAR lesser offense than disorderly conduct. If you were charged with assault/battery, it is considered a crime of violence. It can make it much more difficult to obtain future employment, obtain professional licenses, get into colleges/grad schools, etc.

While disorderly conduct is still a crime, it is not considered a crime of violence.

Below is a link to a site that explains disorderly conduct in Kansas and the possible penalties that can be imposed IF you were to be convicted.

http://answers.uslegal.com/criminal/7073/

If you receive a citation or a notice to appear or a notice that a warrant has been issued, then you ABSOLUTELY MUST APPEAR at ALL COURT DATES. Failure to do so can result in a bench warrant being issued for your arrest for failure to appear.

You may wish to contact an attorney in your area who specializes in criminal law. Sometimes, an initial consultation may be free or at a minimal cost. You can discuss the specific facts of your case, evaluate your options and decide how to proceed. You should consult with an attorney BEFORE any court date is given, or if you are notified that there is a warrant.

It may be possible for an attorney to get the charges dismissed (for lack of evidence, a deferral/diversion) or reduced.

I hope you find this information useful.

It is my goal to provide you with excellent service. If you feel you have received any less, please ask follow up questions. If you are SATISFIED with my answer, PLEASE RATE IT AS EXCELLENT or any other POSITIVE RATING.

Thank you for your business.

xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3388
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 12 other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Brian,

Thank you very much for the "good service" rating! It is greatly appreciated.

If you have any other questions, you can specifically request me as the expert.

Thanks again, and good luck!

xavierjd

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