It could be possible to have the assault charges against you dismissed. The difficulty of obtaining that favorable outcome will vary significantly depending on the facts of your case. Some prosecutors in Minnesota aggressively pursue assault charges, while others will be quick to a make a deal.
An experienced defense attorney could advise you on your chances of having assault charges against you dismissed, reduced, or dropped. While there is no right to having charges dropped, these efforts are often successful with the guidance of the right attorney.
The assault charges defense attorneys of Gerald Miller have negotiated the dismissal of countless criminal charges. If you are facing assault charges in Minnesota, let our team help you pursue a favorable outcome to your case. Call right away to get started.
Complaining Witnesses Cannot Drop Charges in Minneapolis or MN
A complaining witness is the alleged person or victim claiming that they have experienced assault. It is helpful to address a misconception about a complaining witness’ role in dropping criminal assault charges. Despite how the criminal justice system is displayed on television, it is not possible for a complaining witness to simply drop the charges after they have contacted the police. The moment the investigation begins, only the state can dismiss assault charges.
That does not mean the state will not take the complaining witness’ wishes into account. Often, the refusal of a complaining witness to testify or participate will be enough to cause the state to dismiss the case.
Methods of Having Assault Charges Dismissed in Minneapolis, MN
The complaining witness might not have the right to drop an assault charge once it has been filed, but an aggressive defense lawyer could pursue this favorable outcome in a variety of ways.
As mentioned previously, the refusal of a complaining witness to testify or otherwise participate could be enough to push the state to drop an assault charge. Your attorney could assist the witness in preparing an affidavit either recanting their allegation or making it clear they are not interested in participating.
In some cases, an attorney could obtain a dismissal by presenting overwhelming evidence of innocence. It could be possible to definitively prove that you were not involved in an assault. For example, your attorney might procure a dismissal in your case if they can obtain evidence you were not present at the time of the assault. This could include security video providing an alibi at the time of the offense.
Defense attorneys also frequently obtain a dismissal by excluding evidence at trial. Any evidence obtained by the police illegally could be excluded. For example, any statements made by a defendant following an illegal arrest or traffic stop might not be allowed at trial by the judge. The lack of an admission from the defendant could weaken a case enough to cause the state to dismiss the charges.
Favorable Outcomes Other Than an Assault Charge Dismissal in MN
While a dismissal is a best-case scenario for most people facing criminal charges, it is not the only favorable outcome possible in an assault case. For some defendants, a reduction in criminal charges could make a plea bargain worthwhile. Reducing criminal charges could limit or even eliminate the potential for jail time following a plea deal. In some cases, it could be the difference between a felony conviction and a misdemeanor.
Obtaining a favorable outcome in an assault case is not depending on a plea bargain. If your attorney cannot arrange for a fair deal with the prosecutor, your best option could be to pursue a trial. Prevailing at trial is possible in many assault cases. While the stress of a trial might be challenging, an acquittal will put the case against you to bed forever.
Discuss Defense Strategies with an Assault Charges Lawyer in Minneapolis
Assault charges should always be taken seriously. Even a misdemeanor offense could alter your life in unexpected ways if you are convicted. The good news is that a dismissal could be possible in many misdemeanor cases.
You are entitled to seek legal counsel and discuss your options before entering into a plea deal. Often, your attorney might recommend that you take your case to trial as opposed to pleading guilty. The attorneys of Gerald Miller could review your case and advise you on your best options for moving forward. To get started, schedule your free consultation today.