Will The Charge Be Dismissed If The Victim Doesn’t Want To Proceed?

Prosecution of a complaint or eventual indictment for strangulation aggravated assault is controlled by the state and not the victim. When an individual contacts the police and provides facts that support probable cause that a violation was committed, the state files the charges. It is thereafter in control as to whether or not the charges are prosecuted. At the same time, the state frequently has no case without the testimony of a victim. Aggravated assault cases brought for choking can therefore have a tendency to turn into a marathon rather than a sprint when the prosecutor is unwilling to dismiss or downgrade an offense despite being told by the victim that he/she will not be testifying at the time of trial.