If a person was assaulted but chose not to press charges, can the prosecutor file charges even though the victim declined?
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If a person was assaulted but chose not to press charges, can the prosecutor file charges even though the victim declined?
Asked on January 1, 2015 under Criminal Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes, the prosecutor can file charges and prosecute even when the victim declines. The prosecutor enforces the criminal laws; an assault is not just an attack on the victim, it is also a violation of the state's laws, and the state can prosecute for that violation regardless of the victim's wished.
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