In a case of simple assault a misdemeanor, can charges be dropped so that it does not reflect on someones record?

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In a case of simple assault a misdemeanor, can charges be dropped so that it does not reflect on someones record?

My girlfriend and I got into an argument and she put her hands around my throat to attempt to choke me for approximately 2 seconds. I called the police and they arrested her and charged her with simple assault.

Asked on November 9, 2010 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think that it may be best for you to speak with an attorney separate and apart from your girlfriend or her attorney on this matter.  You are what is known as the "complaining witness" in this scenario.  That means that you are the one that will have to speak with the prosecutor about the matter and swearing out the complaint and testifying at trial.  If you do not want to press charges anymore no one can really "make you" except that you could get in to trouble for refusing.  Sounds like a paradox, right?  It is.  See if your attorney can speak with the prosecutor's office about the issue and then see how things are working out for your girlfriend.  Good luck.


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