If I drop asault and battery charges, can the person be sent to counseling?

Asked almost 2 years ago - Philadelphia, PA

My ex-boyfriend asaulted me at my home but I don't wish to send him to jail, can I ask a judge to send him to anger management instead or would they just drop my charges and nothing happen to him?

Attorney answers (3)

  1. Brian M. Fishman

    Pro

    Contributor Level 11

    5

    Lawyers agree

    Answered . This is a very common question in domestic violence assault cases. It often happens that the complainant (you) don't want to press charges. Unfortunately, it's not your decision whether to press charges or not. You can't "drop" the case. The case is captioned Commonwealth v. Your Ex-Boyfriend, not You v. Your Ex-Boyfriend. You will be subpoenaed by the District Attorney's Office in Philadelphia to appear in court to testify against your ex-boyfriend and you are required to comply with the subpoena.

    However, that does not mean that you can't tell the District Attorney what your wishes for the case are and what you would like to see happen to the case and your ex-boyfriend. They won't necessarily promise that that will be the outcome but being that you're the victim, they may take it into consideration. Two factors that will be important are whether he has a prior record or not and if so, is any of involve domestic violence or other violence.

    If you would like to speak to me further about this matter or you need assistance or representation for your ex-boyfriend, please do not hesitate to contact me. Best of luck.

    Brian M. Fishman
    fishmanlaw@gmail.com
    www.PhillyCriminalDefense.blogspot.com

    The posting of an answer to this question in no way creates an attorney-client relationship between myself and any... more
  2. William Peter Daley

    Contributor Level 17

    5

    Lawyers agree

    Answered . Unfortunately the judge will decided whether or not he needs to go to jail; it's not up to you. Him getting into anger management classes now might help his attorney to keep him out of jail. If he hasn't do so already, he needs to hire a local criminal defense attorney to assist him with this case. Good luck to you both.

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California... more
  3. Robert C. Keller

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with Mr. Fishman's assessment of the question. You cannot dictate if the prosecution is withdrawn but your views will be considered.

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