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I have been charged with misdemeanor assault 3rd degree. I plead not guilty.Can this charge be dismissed?

Little River, SC |
Filed under: Criminal defense

I got into an argument with my mom, and made threatening remarks. I never intended to do any actual harm to her. She asked judge to drop the charge and told him that she didn't realize the seriousness of the charge when she filed the complaint, the judge would not drop the charge. Is there any way to get the case dismissed? My mom is not going to give evidence against me if it goes to court.

Attorney Answers 4

  1. It can be dismissed, but no attorney can tell you that it will be dismissed for sure. If we were to handle this case, we would meet with you, request a jury trial if it has not been done already, our investigator would meet with your mother and any other witnesses to get statements, and if the case is not dismissed we would try the case to a jury. You need to meet with an attorney and talk about the details in person - you cannot get specific legal advice on a forum such as this.

  2. AVVO is a free general legal information blog, not a substitute for legal advice. Look for an attorney you would like to have a consultation with. You can use Find a Lawyer tab above, right here in AVVO. Select an attorney, contact them directly and schedule a consultation. You might be glad you did.

  3. Did the prosecutor/city attorney have any objection to dropping it? Prosecutors hold full discretion when it comes to dropping charges. The charges are not dropped unless the prosecutor decides not to go forward. Worst case scenario, if this is your first offense, you can get a conditional discharge and end up getting the charge expunged, if you satisfy the conditions set forth by the prosecuting attorney. A criminal defense attorney can you help you with that.
    (843) 407-9268

    Please be advised that this comment should in no way be interpreted as legal advice, nor should one rely on this comment in making a final decision about his or her case. Each case is fact specific and peculiar in its own way. Thus, you should consult with an attorney in-person or over the phone, explaining your particular situation, so that the attorney can render fully effective and competent assistance tailored to your particular situation.

  4. I can tell you that when I was a prosecutor, I would never take a case like this to trial for that very reason, because a reluctant victim, especially a family member, will probably not show up for court, and I would never want a jury to here that the defendant's mother had to be brought in to testify on a bench warrant for failing to abide by a subpoena--sure fire acquittal. I agree that you need to have an attorney who can get your prosecutor to realize how bad their case is before you get to trial.

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