I am representing a woman from Mississippi who allegedly stabbed her boyfriend with a small kitchen knife while he was hitting her with his fists. Because she used a weapon, a knife, the charge was aggravated assault which is a felony. If she had fought back with her fists she probably would not have been charged at all, but at most, it would have been a misdemeanor simple assault charge.
The victim, her boyfriend, apparently does not want to press charges. In order to convince the Hinds County District Attorney to drop the charges, we are attempting to have the victim sign a no charge affidavit. A no charge affidavit is simply a request by the victim that the district attorney not pursue the charges. However, particularly in domestic violence matters, ultimately the decision to pursue charges is not up to the victim. So signing this form does not mean that the charges will be dismissed, but a district attorney will take the no charge affidavit into consideration when deciding whether or not to pursue the charges.
A no charge affidavit can also be helpful in situations where friends or family members get into a fight, perhaps due to alcohol or short term anger. The fight can result in one or more assault charges. Once all parties sober up or calm down, they might want to reconsider pressing charges. Again, the district attorney ultimately decides if charges will be pursued, but the no charge affidavit can be helpful in getting charges dropped or reduced.
If you or a loved one is charged with assault and you need help defending yourself against this charge, contact our criminal defense law office at (601) 944-1980 or (337) 704-2615 for a free initial consultation. We have handled many misdemeanor and felony assault charges and can help the victim file a no charge affidavit if that will help your defense.