Who controls the case
Battery is defined in Penal Code §242 and punished under §243. Charges are filed by the prosecuting agency in the name of the People of the State of California. A victim's statement that they "want to drop it" is evidence the DA weighs — nothing more.
The four realistic paths to a dismissal
- The DA declines to file or rejects the case for insufficient evidence.
- The court dismisses in furtherance of justice under Penal Code §1385.
- Diversion — including misdemeanor diversion under Penal Code §1001.95 — where the case is dismissed after the defendant completes conditions. Note that domestic violence charges are excluded from that misdemeanor diversion statute.
- A civil compromise under Penal Code §1377 in eligible misdemeanor cases, which excludes domestic-violence-related batteries.
What happens to bail if the charge is dropped
Dismissal exonerates the bond — the surety's obligation ends and collateral is returned. The 10% premium is not refunded, because it was earned when the bond was posted. That distinction is covered in detail in what happens to bail money if charges are dropped.
Before that happens, someone has to get out
Simple battery is a misdemeanor with modest scheduled bail; battery with serious bodily injury under §243(d) is a wobbler with far higher bail. If the incident involved a spouse or partner, the case is filed under the domestic violence statutes instead — see bail bonds for assault and battery and domestic violence bail bonds.