Can You Still Be Charged with Assault if the Alleged Victim Doesn’t Want to Press Charges?

 Posted on July 03, 2026 in Criminal Defense

If you were arrested for assault and the other person involved has already said they do not want to move forward with pressing charges, you may wonder if it’s possible for the whole thing to just go away. Unfortunately, that is not how the law works in Maryland.

The short answer is that you can still be charged and prosecuted for assault even if the alleged victim does not want to press charges. That might feel unfair or confusing, but understanding why this happens can help you plan what to do next with clear expectations. Our criminal defense attorneys are here to help.

Who Actually Decides to Bring Assault Charges in Maryland?

In Maryland, the decision to charge someone with a crime does not belong to the alleged victim. It belongs to the State. Once police get involved, whether through a 911 call, a report at the scene, or an officer witnessing an incident, the case becomes the State's case. It’s not just a private dispute between two people anymore. The local State's Attorney's Office decides whether to file charges, even if the alleged victim doesn’t want them to.

You may hear the phrase "so-and-so pressed charges" used loosely in everyday conversation, even though it does not really reflect how Maryland law works. The alleged victim is an important witness, but they don’t control the prosecution. The prosecutor can choose to move forward with a case using available video footage, certain out of court statements, medical records, photographs, testimony of other witnesses, or other types of evidence, even if the alleged victim stops cooperating.

What Happens if an Alleged Victim of Assault Wants to Drop the Charges in Maryland?

A prosecutor is allowed to consider what the alleged victim wants, but that request is only one factor among many. Maryland prosecutors across the state still regularly proceed with assault cases even after the alleged victim asks for the case to be dropped.

A few reasons this happens include:

• Prosecutors may believe there is enough evidence to move forward without the alleged victim's cooperation.
• Cases involving domestic partners or family members often continue because prosecutors worry about pressure, fear, or manipulation influencing the request to drop charges.
• Physical evidence such as injuries, torn clothing, or property damage can support a case on its own.

For example, statements made to police at the scene can sometimes be used in court even if the alleged victim later changes their story.

How Are Assault Charges Defined Under Maryland Law?

What other states call "battery" is included in the assault statute in  Maryland law. Maryland law divides assault into first-degree and second-degree assault. The text of the law does not give a detailed definition of assault on its own; instead, Maryland courts generally recognize assault as unwanted or offensive physical contact, or intentionally scaring another person with the threat of immediate physical contact.

The difference between first-degree and second-degree assault is important because the penalties, defenses, and case strategy can be very different. First-degree assault is a felony and is more serious. Under Maryland Criminal Law § 3-202, a person may be charged with first-degree assault for intentionally causing or attempting to cause serious physical injury, committing an assault with a firearm, or intentionally strangling another person.

Second-degree assault is a misdemeanor. It is any unwanted, offensive physical contact, like punching, shoving, or spitting. Even attempting  to hit someone could result in assault charges. Assaulting certain people, like firefighters, police officers, or EMTs can also lead to felony charges, even if the injuries were not serious or they were not injured at all.

What Should You Do if You Are Facing Assault Charges?

If you are worried about your future right now, take a breath. Being charged is not the same as being convicted.

While you wait for your case to play out, here are some helpful tips: 

• Write down your own memory of what happened while it is still fresh.
• Avoid contacting the alleged victim directly, even if you are on good terms, since this can sometimes lead to additional charges.
• Do not discuss the details of the incident with police, friends, or on social media.
• Speak with an attorney before making any decisions about your case, including plea deals.

The State still has to prove its case beyond a reasonable doubt, and you have rights that protect you.

Contact a Howard County Criminal Defense Attorney Today

Facing assault charges can be very stressful, especially if you feel like the case shouldn’t be happening in the first place. But you do not have to face this alone or figure it out on your own. The Anne Arundel County, MD criminal defense attorneys at Silverman Thompson bring years of courtroom experience and the resources of a large firm to every case we handle.

We offer free consultations, so there is no risk in learning more about how we can help. Call 410-385-2225 today to talk through your situation.