I want to drop the charges against my boyfriend

Asked over 2 years ago - Santa Rosa, CA

My boyfriend and i had an agruement and he was holding on to my one month old babys arm when i told he to let go because i didnt want the baby to get hurt so he grabbed my arm and pushed it away. He didnt leave any marks. How likely will the case be dimissed. He was charge with 243e1pc now i want to drop the charges because i know that he didnt mean to do it.

Attorney answers (3)

  1. Sean Anthony Brady

    Contributor Level 15


    Lawyers agree

    Answered . It is not up to you whether the charges get dropped at this point. The prosecutor who is assigned the case is the one who decides. The victims of domestic violence often recant and say they dont want the person to be charged anymore, so prosecutors cant rely on that alone. An attorney experienced in these matters is your best option for getting the best results. You should meet with an attorney in your area and explain what happened and discuss your options.

    All my comments here are intended for general legal purposes. None of my comments here establish an attorney-... more
  2. John Addison Vos

    Contributor Level 15


    Lawyers agree

    Answered . Oh well. Once charges are filed, it is up to the DA. They might have photographs and your interview as enough proof that your bf assaulted you and caused you harm. You say he did not mean to do it. But in fact he did. You and he need counseling so that this sort of thing does not happen again. Probably he will be assigned to counseling, as this is his first time offense (?), anyway. Best of luck to your child, you and he.

    This is general legal information, not intended to apply to your specific case. And I may not be licensed to... more
  3. Edward Jacob Sternisha


    Contributor Level 17

    Answered . Please Note: Because this is one of the most asked questions, this is a standard answer and is general in nature:

    In most jurisdictions (but not all) a Domestic Violence situation, the police generally must make an arrest if signs of violence and/or injury are present. The victim does not generally have a say in whether or not the aggressor gets arrested. The prosecuting attorney (D.A.) will decide if charges will be pressed or dropped and the victim, again, does not control this. The victim is not the one pressing charges and therefore cannot drop the charges.

    Keep in mind that without the proper counseling and help, a person who physically assaults a loved-one or other household member, generally will repeat this behavior, oftentimes increasing in violence, up to and including death to the victim. This will generally occur even though the aggressor says, "I'm sorry, I love you, and it'll never happen again!"

    It is not usually a good idea to attempt to interfere with the prosecution because you do not want the aggressor to be arrested, go to jail, or have a record. This type of behavior is called "enabling," and it allows the aggressor to continue the cycle mentioned above.

    Hopefully this has helped explain a bit. Again, this is a very common question you have asked and therefore this is my standard answer. Good Luck!

    The comments listed here do not create an attorney-client relationship. The comments are for informational... more

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