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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34741
Experience:  16 yrs. of experience including criminal law.
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What happens if the "Victim" in a Aggravated Assault case

Customer Question

What happens if the "Victim" in a Aggravated Assault case didn't want to file changes, but the state picked them up, doesn't testify or pleads the 5th? There's never in 13 years been any kind of abuse.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  P. Simmons replied 10 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 10 months ago.

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"?

Customer: replied 10 months ago.
I guess what I'm trying to ask is what is the likelihood of his charges being reduced to a misdemeanor, since theirs never been any prior abuse, and refuse to work with the prosecutor?
Expert:  P. Simmons replied 10 months ago.

That depends...can you tell me, what were the injuries (if any)?

Customer: replied 10 months ago.
His truck struck the bumper of my SUV as he as peeling off, with our daughter still in the SUV, and my son and I where standing next to the SUV. Then he backed his truck into my the front of my SUV, barely making contact, with my front bumper, no one was in the SUV at that time.
Expert:  P. Simmons replied 10 months ago.

The 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.