In Houston, the answer is often no. Understand why & what your options are.
If you’ve been charged with assault in Harris County and think the Harris County District Attorney’s Office will drop the charges against you at the victim’s request, you need to speak to a lawyer. While this might have been true in the past, Texas laws have changed, particularly for some types of assault, such as domestic violence.
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A lot of people don’t understand that individuals don’t “file” assault charges in Texas – that’s the job of the State. The State, as represented by the county district attorney, can file charges for assault no matter what the wishes of the victim, nor do they strictly require the victim’s cooperation. One of their major concerns is victims being coerced, bullied, or intimidated into recanting their stories or refusing to testify, especially in.
The arresting police officers, even if they are swayed by the victim’s pleadings, aren’t the ones filing the charges, so they can’t help. And speaking directly with the district attorney yourself probably won’t change their minds; in fact, it could actually make the situation worse.
What to Do if the Victim Changes Their Mind About Prosecuting
If the alleged victim in your assault case has had a change of heart and no longer wishes to pursue charges, it is a crucial development. However, how you handle this situation is critical to your defense.
Critical Steps to Take
- Do NOT Contact the Victim Yourself: Even if they’ve had a change of heart, direct contact from you could violate bond conditions or a protective order, leading to new charges or revocation. Let your attorney handle all communication.
- Remain Silent: Continue to exercise your right to remain silent regarding the details of the incident.
- Contact Your Attorney Immediately: This is the most important step. Inform your criminal defense attorney as soon as possible if the victim indicates they want to drop charges.
- Have the Victim Speak With Your Attorney: The smartest thing to do is to get the victim in touch with your criminal defense attorney. This will enable your attorney to learn what the victim has told the district attorney, understand their current wishes, and anticipate what their testimony might be (or not be) in court. This information is vital for building your defense.
What If the Victim Doesn’t Show Up for Trial or Refuses to Testify?
We’ve had some clients who have the mistaken notion that if the victim doesn’t show up for the trial, the Harris County District Attorney’s Office will be forced to drop the charges against them. Unfortunately, the reality in Texas criminal courts is more complex.
Consequences for the Victim & the Case
- Continuance: If the victim has been subpoenaed (legally ordered to appear) and does not show up at trial, the State will typically call for a “continuance” and reschedule the trial for a future date. They will often try to locate the victim and secure their presence.
- Writ of Attachment: If the victim fails to appear after being subpoenaed, a writ of attachment can be issued. This means the victim can be arrested and held in custody until they testify or until the trial is over.
- Contempt of Court: If the victim shows up but refuses to testify, they run the risk of being found in contempt of court, which can lead to fines or jail time.
Can the State Still Get a Conviction?
Crucially, prosecutors don’t always need the testimony of the victim to get a conviction in an assault case, especially in domestic violence cases in Harris County. Other types of evidence can be introduced, including:
- 911 calls (audio recordings)
- Police testimony about the scene and initial statements
- Audio and video recordings (e.g., from body cams or surveillance)
- Photographs of injuries
- Medical records
- Witness testimony (other than the alleged victim)
The Prosecutor’s Perspective: Why They Pursue Assault Cases in Harris County
The Harris County District Attorney’s Office often pursues assault cases, especially those labeled as domestic violence, even when the alleged victim expresses a desire to drop charges. This approach stems from several factors:
Reasons for Continued Prosecution
- Public Safety: The State views assault as a crime against the community, not just the individual. They aim to prevent future incidents.
- Protecting Vulnerable Victims: Prosecutors are concerned that victims may be pressured or threatened into recanting their statements. They want to ensure victims are not at risk.
- Evidence Beyond Testimony: As discussed, the DA may have sufficient evidence (911 calls, police reports, photos) to pursue a conviction even without the victim’s direct testimony.
- Deterrence: Prosecuting cases consistently sends a message that assault will not be tolerated in the community.
- Mandatory Arrest Laws: In domestic violence situations, police often have mandatory arrest policies, which means cases often begin with strong initial evidence or statements.
Lisa Shapiro Strauss, a Former DA Turned Criminal Defense Attorney, uses her unique background to gain valuable insights into how the State will pursue its case against her clients in Harris County.
How an Attorney Can Help if the Victim Wants to Drop Charges
If the alleged victim in your assault case no longer wishes to prosecute, having an experienced criminal defense attorney is absolutely critical. This scenario presents a unique opportunity for defense, but it must be handled correctly.
Strategic Legal Assistance
- Professional Communication with the DA: Your attorney can professionally communicate the victim’s change of heart to the Harris County District Attorney’s Office in a way that is credible and non-coercive. This avoids you potentially worsening your situation by contacting them directly.
- Presenting Victim’s Wishes (Correctly): The victim can provide a statement to your attorney, which the attorney can then present to the prosecutor. This statement should explain their current wishes without appearing to be coerced or intimidated.
- Case Evaluation from Every Angle: Knowing all the facts in your assault case, including the victim’s current stance, allows your attorney to build the strongest case for your defense. This enables your attorney to learn what the victim has told the district attorney and anticipate what will be said against you in court.
- Challenging Evidence: If the victim’s cooperation or testimony was a key part of the State’s initial case, your attorney can argue that the prosecution now has insufficient evidence to proceed beyond a reasonable doubt.
- Negotiating for Dismissal or Reduction: This scenario creates leverage for your attorney to negotiate with the prosecutor for a dismissal, reduction of charges, or alternative sentencing options. Lisa has extensive experience negotiating with prosecutors to have clients’ assault charges reduced and knows how to get assault charge dismissals, acquittals, and alternative sentencing options.
Why Choose Lisa Shapiro Strauss for Your Assault Defense?
Getting an assault charge dropped in Harris County can be a challenge. You need a tough, dedicated Houston assault attorney to fight for your rights and ensure you receive a fair trial.
The Former Prosecutor Advantage
Houston assault defense attorney Lisa Shapiro Strauss is a Former DA Turned Criminal Defense Attorney. Her unique experience allows her to anticipate the DA’s actions and devise an effective counter strategy designed to get the charges against her clients dropped or reduced. She understands how district attorneys, judges, and juries view the evidence and evaluate cases at trial. This invaluable insight gives her a unique perspective when it comes to presenting a sound defense.
Extensive Experience in Assault Cases
With Over 25 Years of Experience as a criminal defense attorney, Lisa has handled thousands of cases for clients throughout the Houston area. She has extensive experience negotiating with prosecutors to have clients’ assault charges reduced and knows how to get assault charge dismissals, acquittals, and alternative sentencing options.
Local Knowledge of Harris County Courts
She knows the prosecutors, judges, court staff, and the way the system works in Harris County. Her experience and unique background enable her to work with clients through many of life’s toughest situations in the local legal system.
Frequently Asked Questions About Assault Charges & Victim Wishes
Navigating assault charges when the alleged victim wants to drop them can lead to many questions. Here are answers to common questions for clients in Houston, Texas:
What does it mean that “individuals don’t file assault charges in Texas — that’s the job of the State”?
It means that once an alleged assault has been reported to law enforcement and an investigation leads to an arrest, the legal authority to pursue charges transfers to the county’s prosecutor (the District Attorney’s Office). The victim is a witness, not the prosecutor, and cannot unilaterally “drop” the charges.
Can police officers help me drop the charges if the victim pleads with them?
No. Arresting police officers are typically not the ones who file charges. Their role is to investigate and make arrests. Once a case is filed with the prosecutor’s office, the decision rests with the District Attorney.
If the victim in my case doesn’t show up for trial, will the DA be forced to drop the charges?
Not necessarily. If the victim has been subpoenaed, the State can ask for a continuance to reschedule the trial. If they still don’t appear, a writ of attachment can be issued for their arrest. Prosecutors can also sometimes obtain a conviction using other evidence, such as 911 calls, police testimony, and photos, even without the victim’s direct testimony.
How can my attorney get the alleged victim’s wishes considered by the prosecutor?
Your attorney is the appropriate person to communicate with the prosecutor. If the victim has a genuine desire to not prosecute, your attorney can present this to the Harris County District Attorney’s Office, often through a non-coercive statement from the victim. This information, combined with other defense strategies, can strengthen the argument for dismissal or a favorable plea.
Protect Your Rights: Get Help Today
If you’re facing assault charges in Harris County and the victim in your case no longer wishes to prosecute, it presents a unique opportunity, but it must be handled strategically. Don’t risk jeopardizing your defense by attempting to manage this complex situation on your own.
Contact Houston assault attorney Lisa Shapiro Strauss to schedule a free consultation. As a Former DA turned criminal defense attorney, her unique experience allows her to anticipate the DA’s actions and devise an effective counter-strategy designed to get the charges against her clients dropped or reduced. She will review your case and discuss the legal options available to you.
