[MorningStar]

My question involves criminal law for the state of: California

With the victim not having any bodily injuries, and the defendent HAVING bodily injuries inflicted by the victim. No video recording, and only the girlfriend of the defendent as a witness how likely is it that nonsubstantial evidence will have the case dismissed?

[aardvarc]

Depends on how credible the testimoney of the witness is as well as other circumstantial evidence (like who called 911, what was said, or how law enforcement became involved, what was said to them, etc.). If the prosecutor goes forth with formal charges, they typically do so because they think they can make the case. If they drop the case and don't prosecute, they don't. Contrary to popular belief, having physical evidence is more of the exception than the rule most of the time.

[MorningStar]

Depends on how credible the testimoney of the witness is as well as other circumstantial evidence (like who called 911, what was said, or how law enforcement became involved, what was said to them, etc.). If the prosecutor goes forth with formal charges, they typically do so because they think they can make the case. If they drop the case and don't prosecute, they don't. Contrary to popular belief, having physical evidence is more of the exception than the rule most of the time.

The girlfriend was across the street when it happened so she saw a good bit of it. Both the store owner and the defendent called 911 but the cops answered the store owners call, the defendents got "lost". Not sure what was said, I don't have access to the police report and the cops became involved after the 911 call and the store owner accused the defendent of pulling a knife when in fact it was the store owner that pulled a sword on the defendent, also the store owners brother hit the defendent in the face twice hard enough to make him bleed and chip his tooth. The only real physical evidence against the defendent is that he did have a knife on him, but then again the store owner showed the cops the sword. If I just had any clue on how good of a chance we have for having the case dropped i would feel a whole lot better.