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Can a Victim Drop Charges for Assault on Family Member in Houston?

January 27, 2016

Can a Victim Drop Charges for Assault on Family Member in Houston

Both the defendant and alleged victim involved in an assault on family member charge may ask the same question: “Can a victim drop charges for assault on family member?” The answer is dependent on a number of circumstances:

  • The alleged act of assault
  • Existence of injuries
  • Defendant’s criminal history
  • Household history of assault on family member

These circumstances, along with the influence of the court and assault on family member attorney, will dictate if a victim can drop charges in a case of assault on family member.

The Alleged Act

The factual circumstances surrounded the alleged act weight heavily on the case. A prosecutor will be less likely to entertain dropping the domestic violence charges if the act was severe. For example, if there are weapons involved, it will be difficult for the alleged victim to drop the charges. Guns and knives are not the only weapons used in an assault on family member case. Kitchen utensils, books, glassware, clothing accessories and garage materials all have a history of use in assault, and each can be considered a weapon if they are used to cause or threaten harm.

The nature and severity of the alleged act can dictate the direction of an assault on family member case. Pressure from the defendant to drop the charge may gain no traction if the act involved a weapon.

Existence of Injuries

Much like the severity of the alleged act, injuries can place a stop on the victim from dropping charges. Injuries suggest to the seriousness of the alleged act of assault, and point to a deeper problem in the household. Common injuries seen from assault on family member include:

  • Broken or lost tooth
  • Facial bruises and fractures
  • Neck injuries
  • Abdominal cuts or bruises
  • Genital injury
  • Eardrum rupture

Defendant’s Criminal History

Does the defendant have a history of drug and alcohol abuse? Is there a documented history of violent acts? An answer of “Yes” to either of these questions will make it difficult for the court to consider dropping assault on family member charges. In particular, a history of assault on family member incidents is not looked upon kindly and will quickly throw out the option of dropped charges.

In addition to the defendant’s criminal history, the court will also be interested in researching the household’s history of assault. The prosecutor will look back for previous assault charges to any family members living under the same roof. A history of repeated charges will empower the court to push forward with the charges, even if the victim wants to drop the charges.

Get Help With Assault on Family Member Charges in Houston Texas

If you’ve been accused of domestic violence but the victim wants to drop the charges, Houston assault family member attorney Lisa Shapiro Strauss can help. Contact her today for assistance.

Filed Under: Assault Family Member Tagged With: assault on family member in Houston, domestic violence charges in Houston, Houston assault family member attorney

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    • Practice Areas
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        • Assault Family Member
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        • Assault of a Public Servant
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    • Practice Areas
      • Assault Charges
        • Assault Family Member
        • Domestic Violence and Restraining Orders in Houston
        • Simple Assault
        • Aggravated Assault
        • Assault with a Deadly Weapon
        • Assault of a Public Servant
      • Theft Charges
        • Penalties for Theft
        • Stages of a Theft Case
        • Fight Fraud Charges
        • Workplace Theft Charges
        • Robbery and Burglary
      • Shoplifting
      • Drug Crimes
        • Possession of Marijuana Charges
        • Possession of a Controlled Substance
      • Domestic Violence and Restraining Orders
      • Probation Violations
      • Felony Offenses
    • Our Firm
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