Assault charges range from an unwanted touching the same level as a traffic ticket to a first degree felony.
One of the most common assault charges that I see in my practice is assault of a family member. It is commonly referred to as domestic violence. You can be incarcerated in the county jail for up to 1 year and a four thousand dollar fine.
Complaining Witness ("CW") Does Not Have All The Power
It is a common misconception that the CW can simply tell the prosecutor to drop the case and they will comply. The State treats the CW as a witness and if they believe that they can make their case without the aid of the CW you bet they will move forward with the case.
What is on the 911 call? Is it admissible? Was there independent witnesses? Are the injuries obvious? Did the officer take pictures? These are just some of the factors that the prosecutor will take into account.
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