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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 13 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption