How can the charges be dropped in a case of assault on a family member?

Asked over 1 year ago - Killeen, TX

Me and my girlfriend got in an altercation in which i was locked up. I didn't want to press charges even tho i had small bruises on me and so did she. What would be the best thing to do if they offer me a plea bargain?

Additional information

Neither one of us called the cops but the neighbors did. We have gotten in to a previous argument about a month or so before in which the cops where called by her mother but i was found as the victim. We spent a few days apart to calm down then we sat down and talked about it and every thing was good. We thought about going thru counseling but couldn't find a place that would take us. Would this play a part in my favor if both parties where there during the plea bargain?

Attorney answers (3)

  1. Harry Edward Hudson Jr

    Contributor Level 20

    2

    Lawyers agree

    Answered . Girl friends are not family members. Only government agents and agencies are involved in the prosecution of criminal acts. Victims do not get to choose.
    No one here can tell you what the best thing to do regarding an offer. Insufficient information of al kinds.
    Believe this was answered previously. Now as then. Shut up on line about the facts of the case. Hire an attorne or ask the court to appoint one. If girl friend is not wanting you prosecuted, she can say so to the da and she might want to hire [cort will not apoint one] an attorney to advise her about her obligations, options and consequences.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  2. Lewis Cooper Giles

    Contributor Level 10

    Answered . I have to disagree with Mr. Hudson above. In Texas, a girlfriend typically falls under the definition of a family member (especially if you were or are living together). You will definitely need to talk to an attorney because an Assault-Family Violence charge can have far greater consequences that most people expect.

    If you were to plead guilty, not only would you have a conviction for Assault-Family Violence, but if you were ever charged with it again, it could be filed as a felony. This is true even if it is a different victim. However, the largest consequence is the fact that you will never be able to possess a gun or ammunition. This includes just holding one. Violation of this prohibition could lead to additional charges including a trip to federal court.

    The victim in a case can request that the prosecutor drop the case, however, the prosecutor gets to make the actual decision and can continue the prosecution even if the victim does not want it pursued.

    If you accept a plea bargain, then, typically no evidence will go before the court except for the existence and contents of the plea agreement. The only time that the facts surrounding the offense will come before the court is if you take the case to trial.

    Once again, I cannot stress how important it is for you to talk with an attorney in your area because an Assault-Family Violence charge is one of three misdemeanors that I see as having much farther reaching consequences than other misdemeanors (the others are Theft and DWI).

    I am licensed to practice law in the great state of Texas only. The above answer does not create an attorney/... more
  3. James Regan

    Pro

    Contributor Level 20

    Answered . Talk to your attorney about the consequences of a
    plea versus the consequences of a trial.

    http://defendme.net | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M,... more

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