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608 West 12th Street, Suite B Austin, TX 78701
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706 Rock St, Georgetown, TX 78626
512-369-3737
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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, 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.
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 this firm, you get a named attorney from intake through resolution. The lawyer who explains your case at signing is the lawyer who appears at every setting. We do not hand cases off to whoever is at docket call.”
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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David D. White founded the Law Office of David D. White, PLLC and has practiced criminal defense exclusively since 2004. The firm represents clients across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop counties. Three attorneys handle each case as a team — weekly case reviews and shared Clio notes — and by the first consultation, the firm has obtained the Probable Cause Affidavit, read it, and identified the state’s evidentiary weak points.
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This page was written and reviewed by the attorneys at the Law Office of David D. White, PLLC, following our editorial guidelines. The firm has practiced criminal defense exclusively since 2004 across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop County courts. The firm’s three attorneys — David White (managing attorney, practicing criminal defense exclusively since 2004), Kenneth Hines (associate, practicing Caldwell County courts since 2008; former General Counsel to the Texas Senate Jurisprudence Committee, 2010–2012), and Taylor Kacir (associate; former Senior Misdemeanor County Attorney, Bell County Attorney’s Office) — work each case as a team via weekly case reviews and shared Clio notes.
608 West 12th Street, Suite B Austin, TX 78701
706 Rock St, Georgetown, TX 78626
512-369-3737
get directions