Can a domestic violence assult charge be dropped, based on how long it took to report?
Question Details: I don't want to go into a lot of the details. This was an incident that was blown out of proportion by the mandatory police reporting laws. I am afraid of being convicted. A few factors I am hoping that will help my case: alcohol, in treatment for PTSD, being asked to come home a get hours after the alleged assault and it wasn't reported until 5 days after the incident.
The decision to drop a charge will be up to the prosecutor. They will certainly take into account the length of time that it took the victim to report the incident, but it will not be the controlled factor. The main factor will be whether or not the prosecutor actually believes there is enough evidence to move forward with the charges. Evidence can be marks consistent with an assault, admissions made by the victim or defendant, and any physical evidence which may remain at the original scene of the incident.