Assault Case Resulting in No Authority to Prosecute

MEGA X first reviewed, based on the criminal facts set forth in the police referral decision, which factors could affect the disposition determination at the prosecution stage.

In particular, because this case involved an assault allegation, we confirmed that the victim’s intention not to seek punishment could be relevant to whether charges would be filed.

Thereafter, we reviewed the relevant matters to ensure that the settlement reached during the criminal mediation proceeding would not merely conclude the dispute, but would be clearly reflected as the victim’s intention not to seek punishment. In assault cases, a determination of no authority to prosecute may follow only when the victim’s clear intention not to seek punishment has been confirmed.

We also organized the case around the point that referral for an assault allegation, standing alone, does not necessarily require prosecution, and that restrictions on filing charges become an issue when the victim’s express intention not to seek punishment has been confirmed. In the process, we responded to ensure that the progress of the criminal mediation, the terms of the settlement, and the victim’s expression of intent could be verified in the record.