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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if the state can prosecute despite the request of the "victim"?
That depends...can you tell me, what were the injuries (if any)?
ThanksThe victim refusing to cooperate in the prosecution does not preclude the state from bringing charges...the state can proceed. But the victim not cooperating can make the case more difficult. And one of the considerations of the prosecutor when they offer a plea deal is the strength of the government case.So I would expect that the prosecutor will take into account the fact the victim refuses to cooperate...and it may well be that the state agrees to offer a misdemeanor deal as a result.Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.