In many instances where an individual is charged with domestic assault in Missouri (also frequently charged as Assault in the 3rd Degree or Assault Prohibited), an alleged victim may wonder if the prosecutor will dismiss the charge against the alleged perpetrator if he or she makes such a request. The answer to this question varies between jurisdictions, municipalities, and counties. Many prosecutor offices across the state of Missouri have adopted no-drop policies, which means that even when an alleged victim doesn’t wish to participate in the prosecution, they simply will proceed without him or her. These policies are based upon the belief that alleged victims continue to be intimidated by alleged abusers even during the criminal process, and therefore they attempt to take the decision out of the alleged victim’s hands.
Many alleged victims and defendants make the mistake of thinking that they can simply walk into court together and inform the judge or prosecutor that they do not want the case to proceed any further and request a dismissal. This is almost always unsuccessful as the prosecutor will typically move forward with the case even in the absence of the alleged victim. In many cases, the prosecutor can still proceed with the case based upon other evidence, such as the defendant’s statements, other witnesses, the 911 tape, and even the victim’s own words to the police officer at the scene.
If you find your self having been charged with domestic assault, it is imperative that you immediately hire an experienced and aggressive attorney who will protect your interests. At Henderson & Waterkotte, P.C., our St. Louis assault lawyers have successfully defended assault charges and domestic assault charges ranging from felony cases to misdemeanor cases. If you or a loved one has been charged with assault, call our office today to schedule a free consultation.