Can Assault Charges Be Dropped?

Introduction

Many people believe that if a complainant changes their mind, assault charges automatically disappear. In Ontario, the process is more complex.

Who Decides Whether Charges Continue?

Once charges are laid:

• The Crown Attorney controls the prosecution.
• The complainant cannot simply “drop the charges.”

Factors the Crown Considers

The Crown may review:

• Evidence strength
• Witness credibility
• Public interest
• Likelihood of conviction

Possible Outcomes

Charges may be:

• Withdrawn
• Stayed
• Resolved through diversion
• Dismissed after trial

How a Lawyer Can Help

A defence lawyer may identify weaknesses in the Crown’s case and advocate for withdrawal where appropriate.