Police Got Involved—But No One Wanted Charges
Charged with Assault, but No One Pressed Charges?
Were you recently charged with assault, even though no one actually wanted to press charges? Maybe the police were called to de-escalate a domestic situation, an argument with a roommate, or a disagreement with a neighbor. It may have come as a shock when things calmed down… and you were still arrested.
If you're wondering how this happened, you're not alone.
Watch Senior Attorney Lili O’Connell explain how this situation commonly plays out, based on real calls from potential clients.
Why Am I Being Prosecuted If the Other Person Doesn’t Want To?
Many people assume that if the other party doesn’t “press charges,” the case won’t move forward. But that’s not how Virginia’s criminal justice system works. Once law enforcement gets involved and believes a crime occurred, the decision to file charges belongs to the Commonwealth of Virginia, not the alleged victim.
Under Virginia law, police officers can make an arrest for assault based on their observations, witness statements, or other evidence of probable cause. Even if the person involved says they don’t want charges filed, the prosecutor may still move forward with the case.
This approach is common in cases involving:
Domestic disputes
Fights between friends or neighbors
Arguments that get physical, even briefly
Police are trained to err on the side of caution, especially when there’s any risk of future harm.
Can the Charges Be Dropped?
Sometimes, but not automatically.
Once charges are filed, only the prosecutor has the authority to drop them. If the alleged victim is unwilling to cooperate, that can impact the strength of the case, but it doesn’t guarantee a dismissal.
The best way to protect yourself is by working with an experienced criminal defense attorney who understands how to:
Challenge weak or incomplete evidence
Highlight the lack of cooperation from the alleged victim
Negotiate alternative outcomes (like dismissal or deferred findings)
Protect your rights at every stage of the process
You Don’t Have to Navigate This Alone
Being charged with assault, especially when it feels like a misunderstanding, is overwhelming. You may be worried about your job, your family, and your future. We can fight these charges, but time is of the essence. 📞 Call us today at 571-364-0500
At Battlefield Law Group, we represent individuals throughout Northern Virginia facing misdemeanor and felony assault charges. Attorney Lili O’Connell brings a strong courtroom presence and extensive knowledge of how prosecutors approach these cases, and she knows how to fight for fair, strategic outcomes.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is different. For advice specific to your situation, speak with a licensed attorney in your jurisdiction.
