Yes, your sexual assault charge can be dismissed in California—but dismissal depends on the facts of the case, available evidence, and the legal strategy employed. While not guaranteed, dismissal is possible if the prosecution lacks sufficient proof, if your constitutional rights were violated, or if the alleged victim’s testimony is inconsistent or unsupported.
Courts take sexual assault charges seriously, but they also demand a high standard of proof. The law recognizes that false accusations, mistaken identity, and investigative errors can occur. A qualified Los Angeles sex crimes lawyer can evaluate whether your case presents grounds for dismissal.
When Dismissal is Legally Possible
We begin every case by reviewing whether the prosecution can meet its burden of proof. If there is a lack of physical evidence, contradictory witness statements, or procedural violations, we may move to have the case dismissed.
Dismissal is most likely before trial—either during pre-filing investigation, at arraignment, or through pretrial motions. We often present compelling legal arguments supported by documentation, timelines, and forensic review to demonstrate weaknesses in the case.
In some situations, dismissal is negotiated with the prosecutor. This can happen if the alleged victim recants, the evidence falls apart, or the charges were filed in error. Our role is to identify every opportunity and push for resolution as early as possible.
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Legal Grounds for Dismissal
The court may dismiss a sexual assault charge for a variety of legal reasons, including constitutional violations and evidentiary issues. Each case is unique, but certain arguments arise frequently.
Common legal grounds for dismissal include:
- Lack of probable cause: Arrests made without sufficient justification.
- Fourth Amendment violations: Evidence gathered through illegal searches or seizures.
- Fifth or Sixth Amendment issues: Improper interrogation or denial of legal counsel.
- Evidentiary gaps: Insufficient or unreliable proof to support the charges.
We examine police reports, forensic lab results, and witness interviews line by line. If the prosecution’s case can’t survive scrutiny, we file the necessary motions to end it.
Role of the Alleged Victim in Dismissal
Many people assume the alleged victim can simply “drop the charges,” but in reality, the decision lies with the prosecutor. However, a reluctant or non-cooperative witness can severely weaken the state’s case.
In some cases, we work with the prosecutor to present additional context or new evidence that changes how they evaluate the case. If the complainant no longer supports prosecution or admits inconsistencies, we use that information to push for dismissal.
We never contact alleged victims directly, but we know how to navigate situations where the state’s own witness is hesitant or unreliable. The prosecution’s ability to move forward without their testimony is a critical factor we assess early.
What Happens if a Case is Dismissed?
If your charge is dismissed, the case is effectively closed without a conviction. This can happen at any point—from pre-filing investigation to just before trial. Depending on the circumstances, you may be eligible to have the arrest record sealed or expunged.
A dismissal means no jail time, no probation, and no requirement to register as a sex offender. However, it does not erase the emotional and reputational impact of being charged, especially if the case received media attention or workplace scrutiny.
That’s why we also guide clients through post-dismissal steps to clear their record when possible and protect their privacy and future opportunities.
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What if Dismissal isn’t Immediately Possible?
Not every case qualifies for outright dismissal—but that doesn’t mean we stop fighting. When dismissal isn’t available, we focus on charge reduction, diversion, or preparing for trial with a strong defense strategy.
In some counties, diversion programs may offer a path to resolution without a criminal conviction. For first-time defendants or those with mitigating circumstances, these options can be negotiated with prosecutors as an alternative to litigation.
Even if your case proceeds to trial, we prepare thoroughly—challenging the prosecution’s evidence, cross-examining witnesses, and presenting expert testimony when needed. Our aim is always the same: to prevent conviction and protect your future.
Why You Need Legal Support Right Away
The time between accusation and formal charges is critical. We often step in before the case is filed, presenting evidence or context that changes the prosecutor’s decision. Once charges are filed, early intervention can still open the door to dismissal or a favorable resolution.
If you’re under investigation or already facing charges, do not speak to police without an attorney present. Law enforcement may use your own words against you, even if you’re trying to be cooperative.
We act quickly to protect your rights, preserve key evidence, and ensure that law enforcement and prosecutors follow proper procedures from the start.
We Fight to Get Your Charges Dropped
Being charged with sexual assault is overwhelming—but it’s not the end of the story. Whether the allegation is exaggerated, false, or unsupported by evidence, you deserve a defense that aggressively protects your rights and challenges the prosecution at every turn.
At Simmrin Law Group, we’ve defended individuals against the most serious sex crime allegations across California. We know the law, understand the court system, and have the trial experience to stand up to even the toughest accusations.
If you’re facing sexual assault charges, don’t wait. Contact us today to speak with a defense team that fights hard, acts fast, and knows how to pursue a dismissal whenever possible.
Call or text (310) 896-2723 or complete a Free Case Evaluation form