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  1. #1

    Default Aggravated Assault Case

    My question involves criminal law for the state of: Florida

    • victim is pregnant
    • she is the only witness (known to her knowledge)
    • There is no evidence, it's all heresay, she said he pushed her, god knows what he said
    • She doesn't want charges pressed against him


      What are her options? Will it just be dropped since there is no evidence proving he pushed her, just her word against his? And the fact she does not want the charges pressed?

  2. #2

    Default Re: Aggravated Assault Case

    The fact that she's pregnant means that most Florida DAs aren't going to consider dropping the charges if they have any inkling that they can get either a conviction or a plea.

    Her options? She's free to tell the DA that she doesn't want the case prosecuted, but realistically, it won't matter. If the state feels they can make the case against the accused, they will. They don't NEED a victim to agree to press charges (if they did, no murder would ever be prosecuted). The DA is ALSO going to be acting for the secondary victim, the unborn baby, who doesn't get a say in what happens. Crimes, including domestic violence, are considered to be committed against ALL members of society, not JUST the immediate victim(s), and the state has a duty to the victims and the rest of the community to pursue criminal matters if they think they can make the case. Whether they can successfully prosecute this particular case, only the DA can tell. If there was probable cause for police to make the arrest, then the DA has to look at what they may be able to use in court - anything from 911 calls received, other potential witnesses, and the statements of police who responded to the scene (what they saw, what they were told, etc.). Juries tend to believe the FIRST thing said to police regarding what happened, and victims of domestic violence are well known to later attempt to change their stories to protect the accused.

    If she wants to be of assistance to the accused, she can locate and/or pay for a criminal defense attorney on his behalf. other than that, once she reported the crime, it's out of her hands as to what happens next or if the case will be prosecuted or not. The presence of the baby (and thus a higher level criminal charge) gives the state BIG reason to NOT let it drop, but stranger things have happened.

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