How to Get an Aggravated Assault Charge Dropped
Aggravated assault laws vary from one place to another, but generally speaking this type of assault requires the use of a deadly weapon with intent to kill or to commit another felony. It is possible to get aggravated assault charges dropped, which means that you will never go to trial because the prosecution agrees to let the charge fall away. However, you need to examine the facts of the case and work closely with your lawyer.
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Instructions
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Review the details of the aggravated assault laws in your area. Make sure that you know the exact details of the law that you're being charged under before you attempt to change the charge. The laws form the boundaries you need to be outside of to get the charges dropped.
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Review the police reports and information about the charges being filed against you. Confer with your attorney and determine just how strong the prosecution's case is. The weaker the case against you is with things like unreliable witness statements, a victim that doesn't want to press charges or skimpy evidence. With these in place you have better a chance to convince the prosecution to simply drop the charges.
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File a motion to dismiss. If you can show a lack of evidence on the part of the prosecution then you can go to the court and ask the judge to dismiss the case on the grounds that there isn't enough evidence to arrest you, much less to try and convict you of the crime.
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Discuss the case with the prosecution. If the court doesn't dismiss the case that doesn't necessarily mean that the prosecution has a strong case. If you and your attorney can work out an agreement with the prosecution that agreement can result in getting the aggravated assault charge dropped. You may need to plead to a different, lower crime to avoid going to trial.
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Tips & Warnings
If the charges are dropped review your criminal record to be sure they aren't showing up. If the aggravated assault charges are still on your record then petition the court to have them expunged.
References
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