Can the Victim Drop the Charges? Understanding the State’s Role

A common question after an arrest for assault of a family member in Texas is: “If the alleged victim doesn’t want to press charges, can’t the case just be dropped?”

The short answer is no. Once law enforcement is involved, the case belongs to the State of Texas, not the alleged victim. That’s why you still need an experienced domestic violence lawyer near you to fight the charges—even if the person who made the allegation wants the case dismissed.

Who Controls the Case in Texas?

Under Texas law, prosecutors—not victims—decide whether charges move forward. Once an arrest is made, the district attorney’s office reviews the evidence and determines whether to file or continue the case.

Even if the alleged victim recants, prosecutors often believe they can still prove their case using:

• Police officer testimony
• 911 recordings
• Photos of injuries or damage
• Statements made at the scene (sometimes admitted under hearsay exceptions like excited utterances – Tex. R. Evid. 803(2))
  

Because prosecutors view family violence as a public safety issue, they rarely dismiss cases just because the victim changes their mind.

Why Defendants Still Face Prosecution

Prosecutors worry that victims may recant due to fear, financial dependency, or family pressure. As a result, they often push cases forward to “protect” alleged victims—even when those victims insist the incident didn’t happen or wasn’t serious.

This approach means:

• You cannot rely on the victim’s cooperation to end the case
• Your case may proceed to trial with or without the victim’s testimony
• The State may use prior statements, photos, or officer observations as evidence

Why You Still Need a Strong Defense

Even if the alleged victim supports you, you still need a lawyer. An experienced domestic violence lawyer near you can:

• File motions to exclude unreliable statements or hearsay
• Challenge the sufficiency of the evidence without the victim’s testimony
• Expose inconsistencies in the State’s case
• Negotiate with prosecutors for dismissal or reduced charges
  

Without a skilled defense, you could face jail, fines, protective orders, firearm bans, and lasting damage to your record—even when the alleged victim is on your side.

Take Action Immediately

If you’ve been charged with assault of a family member in Harris, Galveston, Fort Bend, or Brazoria County, don’t wait and hope the case disappears. The State of Texas will move forward with or without the alleged victim’s cooperation.

Call Walker Law Office today at (713) 228-2611 or contact us online. Speak directly with an experienced domestic violence lawyer near you who knows how to fight these cases in local courts.