In criminal defense, we are often asked the question, after someone is charged with corporal injury on a spouse, can my wife drop the charges? The short answer is no. However, there is more to the process.
Now there are many factors that go into making a case against someone charged with the crime of corporal injury to a spouse. These factors include how credible the alleged victim is; whether or not there were any other witnesses; the injuries to the victim; the 911 call; even possibly any statements made to the emergency personal as well as the responding officers, by the alleged victim or the suspect.
If the police get involved in a situation, even if the victim did not call the police, where there is a physical confrontation by two people and there are injuries to at least on of the people, California law supports the officers in making an arrest. However, the person with the injuries could have been the one that was the primary aggressor and the person defending him or herself could be acting in self defense.
To answer the question, only the district attorney can drop charges, and sometimes they will do this if there case is weak. But more often than not, the district attorney will go forward with their case even with an unwilling victim. The alleged victim does have the right to be represented throughout this criminal process as well.
If you or a loved one are an alleged victim or are facing a charge of corporal injury to a spouse, PC 273.5, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience assisting people with these types of charges. We will work to aggressively assist ou through the process and investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-888-280-6839 or through our website at www.wklaw.com. We will be there when you call.