Judge dismisses sexual assault charge against Harvey Weinstein

Weinstein pleads not guilty to 11 sex charges 1:54

(CNN) -

A Los Angeles County judge has dismissed one of 11 counts in an indictment against Harvey Weinstein, according to Greg Risling, a spokesman for that county's district attorney's office.

Count five in the indictment, sexual assault, was dropped Thursday.

Prosecutors say Harvey Weinstein committed the alleged crime against a woman in May 2010.

"Mr. Weinstein faces very serious charges. Ten of the 11 charges remain. We are taking appropriate steps to ensure that justice prevails in this case," said Alex Bastian, special counsel to the Los Angeles County District Attorney.

Juda Engelmayer, a spokesman for Weinstein, told CNN in a statement that his team is "pleased that the judge has agreed that one of the alleged charges was excluded by the statute of limitations. It remains dismissed and should never have been filed in the first place. ".

Weinstein victims to receive $ 17 million 0:48

"We consider this to be a partial victory, but we know there is a long way to go," Engelmayer said.

"Harvey remains optimistic and hopeful and must focus on his health at this time," he added.

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Attorneys for Harvey Weinstein previously filed a motion to dismiss three of the 11 charges, saying the statute of limitations had expired.

Los Angeles Superior Court Judge Lisa Lench refused to dismiss two of the charges, but told prosecutors to return to a grand jury to amend the third charge.

With the promise of being a better person, Weinstein goes to jail for 23 years 1:42

Weinstein has pleaded not guilty to the sexual assault charges against him in Los Angeles.

He was convicted last year in New York of first degree criminal sex act and third degree rape.

He is serving a 23-year sentence in a maximum security prison outside of Buffalo, New York.

CNN's Paul Vercammen contributed to this report.

Sexual abuse Harvey Weinstein