Will Assault Charges be Dropped if the Accuser Doesn’t Want to Prosecute?

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal


(972) 369-0577

Possibly, but it mainly depends on the prosecutor.

A criminal assault or family violence charge in Texas is a proceeding between the State of Texas and the accused.  The accuser is mainly treated as a witness.  The decision to prosecute is squarely on the prosecuting attorney.

This is typically a policy driven area with prosecutors.  District and County Attorneys are elected officials in Texas and none want to look weak on this sort of matter.

Affidavits of Non-Prosecution

Many criminal defense attorneys or prosecutors ask that alleged victims that wish to drop charges fill out an “affidavit of non-prosecution.”  That is a statement under oath which gives the alleged victims reasons for not wanting to prosecute.  An affidavit of non-prosecution does not bind the prosecutor or the judge to dismiss the case.

If the accuser is considering filing an…

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