Assault & Battery Assault and battery / dangerous (shod foot)

[diezelpowered]

I have trial for assault and battery with dangerous weapon but no witness. Even though the police have a statement and pictures the witness is definitely not going to court. So no witness, no case? Right?

 

[mightymoose]

No victim, no case.
It is not automatically over if a witness fails to show.

 

[diezelpowered]

Thank you very much .. I thought that was true but ...a lil peice of mind .....

 

[army judge]

I have trial for assault and battery with dangerous weapon but no witness. Even though the police have a statement and pictures the witness is definitely not going to court. So no witness, no case? Right?

Usually, if a witness fails to appear, that's a good thing for a defendant.

Now, if the defendant had anything to do with the failure of the witness (or the victim) NOT appearing, that might NOT bode well for said defendant.

It also depends on how bad the persecutor wants to get at any given defendant.

If you're a valuable target to the persecutor, they'll get a continuance and bring the witness before the bar one way or another.