Legal Question in Criminal Law in North Carolina
Assault and Battery
A month a go my roomate and i got into a spat. The end result was her punching me in my eye. I did some shoving back I admit. I did go to the magistrates and press charges. They have charged her with assault and battery. She lives in a different county and since then we have made amends(she does not live her anymore)and i do not want the charges to be on her anymore. She wants me to bring her down so she can turn herself in because she says she deserves it. If i did bring her down what would happen and would they consider dropping the charges or would she have to go to jail? Thanks!
1 Answer from Attorneys
Re: Assault and Battery
The state, not the victim, determines whether to proceed. SInce you went to the magistrate you may be able togo to the ADA and explain matters to him and ask that he dismiss. If not, you may have to testify about what happened. First offense-no jail time.
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