Once the defendant is charged with a crime by a law enforcement officer, the victim cannot drop the charges. Only a prosecutor, after a careful review of the case, can make the determination to dismiss a case. We certainly understand that there are many reasons why a victim may want a case dismissed, and our prosecutors will take the victim’s desired outcome into consideration when evaluating the case.
Can I drop the charges?
What is the penalty range for the defendant?
- If the defendant is charged with a class A misdemeanor (such as Assault 4th Degree), it is punishable by up to a $500 fine, 12 months in jail, or both. Class B misdemeanors are punishable by up to a $250 fine, 90 days incarceration, or both.
- In every case, the prosecutor also has the discretion to recommend probation in lieu of incarceration.
How long will this case take to resolve?
- If the prosecutor and the defendant’s attorney can reach a plea bargain, the case can be resolved quickly.
- If the case cannot be resolved and one side requests a trial by jury, the case could last for several months or longer. The COVID-19 pandemic is causing a large backlog and all cases are moving slower than normal.