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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27280
Experience:  10+ years defending Misdemeanor and Felony cases.
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In a criminal assault case, can the accused offer compensation

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In a criminal assault case, can the accused offer compensation to the victim to drop the complaint or is this obstruction of justice?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and concern. It is important to remember that the crime itself is against the State of Colorado, with the prosecutor representing the legal interest of the victim. As such, the prosecutor has the discretion to either proceed with the case or drop it. Of course, they will speak with the victim and listen to their request but it is not automatic. Moreover, settlements often happen when there is a possible civil claim that can be brought by the victim. Even then, if the civil case is resolve, it does not mean that the State will not want to proceed. If compensation is strictly offered to the victim to not cooperate or proceed with the criminal case, that is illegal and if the prosecutor finds out, can bring additional charges.

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Customer: replied 3 years ago.

I'm not sure what is meant by "compensation strictly offered", but I assume you mean compensation may not be offered to the alleged victim as to do so could be a crime in itself. Is it also a potential crime to commence a civil action against the alleged victim for malicious prosecution?

That is correct. The defendant can not offer money to the victim to walk away and not cooperate with the State in the prosecution. Their decision to do so has to be on their own accord. As far as your additional question, it is not a crime to bring a cause of action against the alleged "victim" if there is a legal basis and evidence to support if. To proceed with a malicious prosecution claim, the plaintiff must show that the original case was concluded in her or his favor. Generally, if the original case was a criminal prosecution, it must have been dismissed by the court, rejected by the Grand Jury, abandoned by the prosecutor, or decided in favor of the accused at trial or on appeal
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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!