Can my spouse drop charges in my assault case?
It's often thought that fights between couples are family matters, and family ought to be able to resolve it. Unfortunately, in Texas, if you are arrested and charged with Assault of a Family Member because of an altercation with your wife, girlfriend, boyfriend, sibling or other family member the State will be very much involved in your family business.
The State of Texas files Assault charges, not your family member. Therefore, it is only the State that can dismiss the charge. A wife can decide that her husband is not a threat and merely acted out in a rare drunken incident and ask that the prosecutor dismiss the charge, but this rarely convinces the prosecution. A girlfriend can say she simply lied to the police, and the prosecution may not believe her.
This is not to say that your criminal defense attorney cannot get your charges dismissed. My standing policy is to avoid pleading Assault cases when it involves a family member because of the effect any guilty plea has on my client's record, employment, divorce and immigration status. Even a deferred adjudication for an Assault will stay on your criminal history forever, so long as the judgment contains an affirmative finding of family violence.