Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 month ago

Can a charge be dismissed by another charge?

I am fighting a trespassing charge, I was in the wrong snooping around a house. And the homeowners are wanting to press charges. during the incident i was caught. I retreated off their property and was on another property... at that time i was tackled down by a few of the family members and i was pinned down, while pinned down one of the home owners said look up and i had a gun to my head isnt that illegal? and another thing that happened was i was able to break loose and i ran across the street and where i got tackled from behind. at this point i was on a side walk which is actually public property. at that time i was again pinned down again but this time the homeowner decided to put his arm around my neck and was essentially in a choke hold. when the police officers got on scene they actually told the home owner to get off me so i can breath...   Now with that all being said, if they wanted to press charges on me for trespassing, could in return press charges for the gun being put point blank at my head even though i retreated off the property and was pinned down by multiple people, and could i press charges also for being in a choke hold when i ran off the property across the street and on a public side walk. If i wanted to pursue those charges is it possible for both parties to resolve the case and not purse charges on both parties?

3 Answers

Relevance
  • Anonymous
    1 month ago

    Yes, and it happens in various ways.  For example if both you and the homeowner acted illegally the district attorney could decide that in the interest of justice, no one will be prosecuted OR their could be a plea bargain to avoid trial, or the arresting officer could change their mind on how to charge you as more details of the crime are investigated.  There are many other ways too.

  • 1 month ago

    The charging authority can drop a charge and file another. That is practically the definition of a plea bargain.

    As a charge isn't a living thing, it can't ACT in any way.

    The question you FAILED to properly ask is if an illegal act by the victim of your break in negates your crime. The LEGAL answer to that is no. In practice, it may influence the DA in deciding if you will be charged, but it is legally a separate issue.

  • 1 month ago

    What you described as "retreated" would be viewed as "fleeing".

    With regards to the gun, that would all depend upon what state you're in. Some states allow people to defend themselves and their property with guns, others don't. If you live in a state where people are allowed to defend themselves, them having a gun isn't going to make much of a different, and you should probably know better than to go snooping onto someone else's property when something like that could get you killed.

Still have questions? Get your answers by asking now.