Can You Be Free of Assault Charges if the Alleged Victim Wants Them Dismissed?

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The state of Minnesota doesn’t permit alleged assault victims to drop criminal charges they file against their offenders. After they file criminal charges, dismissal lies in the hands of state prosecutors. Because of this, assault arrests may happen because of misunderstandings and mistakes. If you are in this situation, you need to retain a Rochester, MN criminal attorney to help you seek a dismissal. 

What a Defense Lawyer Can Do If Your Alleged Victim Does Not Want to Take Park

If you are facing assault charges, your attorney can work with prosecutors to try to dismiss such charges as early as possible. They can inform prosecutors that your alleged victim doesn’t want to take part. The prosecutors could set the dismissal of your charges in motion. If the prosecution is still not sure about its decision, your attorney can request your alleged victim to give a statement that clears you of wrongdoing. Lastly, if you have a lawyer on your side, you will be able to tell your story without speaking directly with prosecutors. Your lawyer can preview your defenses, hoping that the state will eventually think their case won’t succeed. 

Ways You Can Have Your Assault Charges Dismissed

To secure a dismissal, it is important to build a strong defense strategy that may prevail at trial. There are different defense strategies your attorney can use for your assault charges. These include the following:

  • Claiming self-defense. You can defend yourself from possible harm even if you have to engage in conduct that would constitute assault. Your attorney will present evidence such as photos or video footage taken by those who have witnessed the alleged scene. 
  • Claiming defense of others. It is your right to protect others from immediate harm, no matter your relationship with them. The person you tried to protect can be the key witness to your defense. 
  • Claiming defense of property. You can protect your property from the risk of damage or destruction even if you have to use force. But, such use of force needs to be proportionate and reasonable. Using more force than needed to protect your property could leave you guilty of assault. 
  • Claiming it was a mistaken identity. A lot of physical altercations happen during huge, chaotic gatherings. Usually, the police may misidentify the offenders. To defend yourself, you can show that the police charged the wrong person. 
  • Claiming lack of evidence. Frequently, police arrest people for assault with little to no evidence of guilt. If this occurs, your lawyer can highlight such a lack of evidence for your defense.