Can my boyfriend drop assault, batteryand trespassing charges if he tells the prosecutor that it was a misunderstanding and he doesn’t want to continue?

UPDATED: Jan 1, 2012

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Can my boyfriend drop assault, batteryand trespassing charges if he tells the prosecutor that it was a misunderstanding and he doesn’t want to continue?

About 2 weeks ago, my boyfriend and I got into a fight. He called the cops and pressed assault/battery and trespassing charges against me. He now wants to drop them. Is it possible to drop them if he calls the prosecutor and explains that it was a misunderstanding and that I wasn’t intentionally trying to hurt him and that I was not trespassing.

Asked on January 1, 2012 under Criminal Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First of all, it's not up to the alleged victim as the whether or not to drop criminal charges. It is up to the prosecutor. A victim files a complaint and based upon the investigation that follows, the prosecutor will decide if charges are to be filed. So a case can still go forward, even over the objection of the alleged victim. Granted the state's case would be stronger with a victim's cooperation but if there is other evidence supporting the initial claim, the case will not be dismissed. Many times, victim's are intimidated into trying to have the case dropped so prosecutor's are wary of when a victim recants and tries to change their story. Additionally, by changing their story now, a victim may find themselves in legal trouble.

However, you are not without defenses and legal recourse. What you need to do now is to get yourself a good criminal law attorney. They can best represent your interests.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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