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Corporal Injury on a Spouse Dismissal - Wallin & Klarich
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45+ Years Criminal Defense

Experience in California

I have been charged with corporal injury on my spouse. My spouse no longer wishes to see me prosecuted for what happened. Will the prosecutor dismiss the charges against me if my spouse doesn’t want the case to proceed?

No.  The prosecutor can, and often does prosecute corporal injury on a spouse cases even if the alleged victim no longer wishes the case to proceed.  It is very common for an alleged victim in a domestic violence case to change their mind or no longer desire their spouse to be prosecuted.  However the prosecutor will proceed with the case if they believe a crime has in fact been committed.


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