Criminal Law Questions? Ask a Criminal Lawyer.
Good afternoon. You mean what are the chances of the battery charge being dropped?
Thank you. This all depends on your cooperation. I say this because you are the victim and this is a crime against the State. The prosecution represents your interest, so even if you speak with them and demand they dismiss the case, it is solely at their discretion, when all is said and done. However, if you fail to appear at the trial and testify against him, then they will not be able to proceed since they do not have a victim/witness. As such, they would need to drop this and could only likely proceed with the disorderly conduct charge.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
You can speak with the DA, since you are the victim as they will want to get your version of the story. You are right though, with the photo and your admission, the State is not likely to just drop the case. That is why I shared that your cooperation, at the trial, or lack there of, is what will result in a dismissal, eventually.
Certainly try and speak with the DA. They are going to contact you regardless, since you are the victim. Now, you not testifying against him is at your sole discretion because if you get served with a subpoena, you would need to appear
For something like this, he could be looking at a probationary sentence before the jail, if he is a first time offender and you do not object or ask for any jail time.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Make sure it retains legal counsel. If he can not afford to retain private counsel, have him ask to be appointed the public defender, when he appears in court. Also, speak with the DA and express your wishes to them and see if they will consider the dismissal. If not, he needs to work the case and go through the process. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. Thank you.