Can Assault Charges Be Withdrawn?

If you have been charged with assault, you may be wondering whether the charges can be withdrawn before your matter proceeds to a contested hearing or trial. The answer is yes, assault charges can be withdrawn in appropriate cases.

However, they are not withdrawn simply because the complainant no longer wishes to proceed or because the accused believes they are innocent.

Who Decides Whether Charges Are Withdrawn?

Many people assume that the complainant can “drop the charges.” In Victoria, that is not how the criminal justice system works.

Once police have laid charges, the decision about whether the prosecution continues rests with the prosecution, not the complainant. Even if the complainant asks for the charges to be withdrawn or says they no longer want to give evidence, police may still decide to proceed if they believe there is sufficient evidence and that it is in the public interest to do so.

This is particularly common in family violence matters, where prosecutors frequently continue with charges despite a complainant indicating they no longer support the prosecution.

Why Would Assault Charges Be Withdrawn?

There are a number of reasons why assault charges may be withdrawn.

Sometimes the prosecution reviews the evidence and determines there is no reasonable prospect of securing a conviction. In other cases, new evidence may emerge that undermines the allegations or supports the accused’s version of events.

Charges may also be withdrawn where important witnesses are unavailable, CCTV footage contradicts the allegations, medical evidence is inconsistent with the complaint or it becomes apparent that a legal defence is available.

In some matters, negotiations between the defence and the prosecution may also result in certain charges being withdrawn in exchange for a plea of guilty to other charges that properly reflect the offending.

Can a Lawyer Help Get Assault Charges Withdrawn?

Yes. One of the most important roles of a criminal defence lawyer is to identify weaknesses in the prosecution case and raise those issues with the prosecution at an early stage.

This may involve carefully reviewing the brief of evidence, identifying inconsistencies in witness statements, obtaining CCTV footage, analysing medical records or presenting additional evidence that was not available when the charges were initially laid.

Where appropriate, your lawyer can engage in case conferencing with the prosecution and make written submissions explaining why the charges should be withdrawn or amended.

Many assault matters are resolved through this process without the need for a contested hearing.

What If the Complainant Changes Their Story?

A complainant changing their version of events does not automatically result in the charges being withdrawn.

The prosecution will consider why the account has changed and whether there remains sufficient evidence to continue. They may rely on earlier statements, body-worn camera footage, photographs, admissions, independent witnesses or other evidence.

In family violence matters, prosecutors are particularly cautious about complainants withdrawing allegations because they recognise that people may feel pressure to change their account.

What Happens If the Charges Are Not Withdrawn?

If the prosecution decides to continue with the case, it does not mean you will be found guilty.

You may still have legal defences available, or the prosecution may ultimately fail to prove the charge beyond reasonable doubt. In other cases, it may be appropriate to negotiate an agreed resolution or plead guilty if the evidence supports the charge.

The best approach will depend on the strength of the prosecution case and your individual circumstances.

Should You Speak to a Lawyer Early?

Yes.

Early legal advice can make a significant difference to the outcome of an assault matter. The earlier a lawyer becomes involved, the sooner they can identify issues with the evidence, request additional material from the prosecution and begin discussions about whether the charges should proceed.

Waiting until shortly before court can mean valuable opportunities to resolve the matter have already been lost.

Speak to Wilkinson Lawyers

If you have been charged with assault and want to know whether the charges can be withdrawn, obtaining legal advice as early as possible is important. At Wilkinson Lawyers, we regularly negotiate with Victoria Police and prosecutors to seek the withdrawal or amendment of criminal charges where the evidence does not support the allegations. We can assess your case, identify weaknesses in the prosecution evidence and advise you on the best strategy to achieve the most favourable outcome.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.