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Facing assault charges in Texas can be a frightening and stressful experience, especially if the incident arose from a misunderstanding, an act of self-defense, or other mitigating circumstances. If you’re wondering “How to drop assault charges in Texas?”, it’s important to know that this process is not straightforward. As a criminal defense law firm, the Law Office of David D. White, PLLC: Austin Criminal Lawyer, wants to help you understand your options and guide you through the legal process. Below, we break down the key steps and strategies defendants in Austin, TX, can take when seeking to have assault charges dropped.
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Yes, assault charges can be dropped, but only the prosecutor has the authority to dismiss charges. Even if the alleged victim no longer wants to pursue the case, the prosecutor, representing the state, can proceed based on available evidence, even without the victim’s cooperation.
Under the Texas Code of Criminal Procedure Chapter 32, prosecutors consider factors like evidence strength, witness credibility, and public safety before dropping a case. A victim may file an affidavit of non-prosecution requesting dismissal, but this is not legally binding and only serves as a recommendation.
An experienced attorney can assess your case, challenge the evidence, and work to secure a dismissal where possible.
If you’re hoping to have charges dropped before your court date, there are specific actions you can take with the guidance of a skilled defense lawyer. While there’s no guaranteed method, here are the most effective approaches:
Every case is unique, and your attorney’s strategies will depend on your specific situation’s facts and circumstances.
When it comes to getting assault charges dismissed, there are several strategies a criminal defense lawyer can pursue. Below are the most common legal options:
A victim may file an affidavit of non-prosecution, stating they do not wish to pursue charges. While this document does not guarantee dismissal, it may influence the prosecutor’s decision. However, the prosecutor has the final say.
For first-time offenders or those facing misdemeanor assault charges, pre-trial diversion programs may provide an opportunity to avoid prosecution altogether. These programs typically involve community service, counseling, or anger management courses. Successful program completion can lead to a dismissal of charges, allowing you to avoid a criminal record.
In some cases, negotiating with the prosecution to reduce the charges may be a more realistic outcome than outright dismissal. Your attorney can present mitigating factors, such as a lack of prior offenses or evidence of rehabilitation efforts, to advocate for a favorable resolution. Lesser charges, such as a Class C misdemeanor, may carry reduced penalties and have less impact on your future.
Handling the legal process for dropping assault charges can be challenging without professional guidance. An experienced Austin assault defense attorney can protect your rights and craft an effective defense strategy. Lawyers familiar with the Texas criminal justice system understand local court procedures and have the knowledge to advocate for the best possible outcome.
Assault charges in the state carry serious consequences:
A skilled defense attorney can negotiate with prosecutors, dispute evidence, or pursue diversion programs to reduce or dismiss charges and minimize the impact on your future.
“When you hire me, you get me. Not my admin, not my associates. I’ll meet, talk, text, and work with you directly to get you the best possible outcome in your case.”
David D. White
Austin Criminal Defense Lawyer
Are you facing assault charges in Austin? Act quickly to improve your chances of a favorable result. At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, we’re ready to defend your rights and protect your future. Call us at 512-369-3737 or schedule a free consultation today. Our team is available 24/7 to assist.
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I called David last August after my daughter got a minor in possession while away in college. My wife & I were terrified that this mistake might cost our daughter dearly. Luckily for us, we found David to take care of this for us. He walked us through the process during the initial free consultation. Several months later the case was dismissed and ultimately expunged. We cannot thank David enough for all his help in protecting our daughters future!
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The founder of the Law Office of David D. White, PLLC: Austin Criminal Lawyer, has been defending the rights of criminal defendants in Austin, Texas since 2008. We are a client-centered law firm where we fight to preserve the presumption of innocence on behalf of our clients in every criminal case we take. We believe that everyone is entitled to a fair trial and we strive to provide our clients with the best possible defense to ensure that this is true.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney, David D. White who has more than 20 years of legal experience as an Austin Criminal Defense Lawyer.
608 West 12th Street, Suite B Austin, TX 78701
legalassistant@wm-attorneys.com 512-369-3737
get direction