If you have been arrested for and charged with assault in Ohio, you might be tempted to hold out hope that the alleged victim will decide to drop the charges, so your case gets dropped, too. But is this even possible?
Can assault charges be dropped by the victim in Ohio? For the most part, no. It’s a misconception that alleged or self-proclaimed victims of crimes in Ohio – or anywhere in the U.S., for that matter – can instruct the state to drop the charges against the alleged criminal offender. Instead, the decision to drop charges after they are filed belongs solely to the prosecutor’s office, even if the office’s decision goes against what the victim says they want.
Why Can’t Victims Drop Assault Charges?
Victims of crimes aren’t given the authority to drop the charges against the alleged offenders for two main reasons:
- Concerns of coercion: Alleged victims of crimes can’t make the sole decision to drop charges against the alleged criminal offender partly out of concerns that the offender might have coerced the victim to ask that way. If a criminal offender can directly or indirectly interact with the victim while the charges are pending, there is the possibility that bribes, threats, etc. could be used to convince the victim to drop the charges.
- Technicalities: In criminal law technicalities, the alleged victim of a crime is usually considered a ‘witness’ to the crime, rather than a party involved in it. Witnesses do not have control of a case – they are meant to honestly state what they experienced – so they can’t decide to drop charges.
- Nature of criminal offenses: As obvious as it might seem, it is illegal to commit a crime. That is to say that someone who breaks the law is not acting just against the victim but also the institution that put that law into place, i.e., the state or federal government. Therefore, the alleged victim is not the only party that has a stake in the alleged offender’s prosecution and potential conviction, so the victim cannot make the decision to drop the charges alone.
What Can Victims Do to Drop Charges?
Victims of alleged crimes have every right to notify the prosecutor’s office that they do not wish for the prosecution in their case to continue. Such declarations are best made in writing and presented in person, so the prosecution’s office knows that they are authentic. Reasons should be clearly stated within the letter as to why it would be fair or just to stop the prosecution of the alleged criminal offender.
Again, though, the victim does not have the final say in the decision to halt prosecution. The most convincing and well-thought-out letter to the prosecutor’s office is not guaranteed to influence the prosecution.
Are you facing criminal charges in Ohio and have questions about what might happen in your case and how to defend yourself? Patituce & Associates is here to help. Our attorneys have decades of collective experience in defending clients from all sorts of serious criminal charges, such as drug crimes, sex crimes, violent crimes like assault, and even federal crimes. To see how we can help you during this difficult time, please call (440) 771-1175 now and request a free case consultation with our defense attorneys.
