Can the state press charges against someone accused of assault or aggravated assault even when the victim didnt press charges?

Asked about 3 years ago - Phoenix, AZ

If they were accused and didnt get arressted plus the person said they didnt want to press charges . What happens . And if its been weeks and nothing has happened what does it mean? Will the prosecutor throw it out or something?

Attorney answers (2)

  1. Howard A Snader

    Contributor Level 15

    Answered . The State can elect to prosecute where the victim does not wish the case to move forward. Whether they do so is up to each individual prosecutor handling the matter. Experienced counsel may be able to prevent charges from being filed in such a situation. Please feel free to call if you have any questions.

    DISCLAIMER THESE COMMENTS ARE NOT LEGAL ADVICE. The answer given above serves an educational purposes only and... more
  2. Craig S Orent

    Pro

    Contributor Level 17

    Answered . My colleague is correct. What happens depends on the case, the overall circumstances, the nature and seriousness of the charge, the jurisdiction where the case is pending, who the prosecutor is, etc. The fact that you have not heard anything in a few weeks can mean many different things: the government might have decided not to prosecute, the case file is sitting on a charging prosecutor's desk waiting to be reviewed and possibly filed, the police agency is doing more investigation, etc. Unfortunately, you will have to wait it out and see what happens.

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