Foster, 24, was charged Thursday with domestic violence with an allegation that he inflicted great bodily injury, forcefully attempted to prevent a victim from reporting a crime and possessed an assault weapon.
The Santa Clara District Attorney informed Foster's attorney the misdemeanor would be dropped at his next schedule court date April 30. If convicted, Foster faces more than 11 years in prison, according to the DA's office. The judge also issued a no-contact order between him and the victim.More news: GE3, the massive asteroid that grazed the Earth on Sunday
Benitez's decision came in response to the National Rifle Association suing to block the new law.
Foster is accused of dragging his girlfriend by the hair and punching her in the head eight to 10 times. Foster is free on $75,000 bail. Foster just finished a solid rookie season and was expected to be a key part of the 49ers defense going forward. She told authorities he then physically dragged her in an apparent attempt to remove her from the home.
The NFL has said it is monitoring the Foster case but has made no announcement of any penalties or suspensions for the second-year player.More news: Ed Sheeran tipped for cameo in Danny Boyle film
The league can suspend a player for six games for his first offense of domestic violence. He was welcomed back to the team when the court case concluded, but was cut a year later following an ugly incident in San Francisco in which the fullback attacked an elderly man and his son in a hotel. On Sunday, CEO Jed York, coach Kyle Shanahan and general manager John Lynch released a joint statement announcing that Foster will not join his teammates for a voluntary nine-week offseason program that began Monday.
Miller didn't return to the team facility until his 2015 legal matter was resolved.
The report states that Foster will not participate in the 49ers' offseason program as the legal system takes its course. He is scheduled to meet with the team this week, a sitdown that could determine his future with the franchise.More news: SpaceX to recover rockets using 'giant party balloon'