4 Reasons Your Domestic Violence Charges May Be Dropped
Navigating the complexities of domestic violence charges can be an overwhelming and distressing experience for all parties involved. Whether you find yourself wrongfully accused or entangled in a misunderstanding, it’s essential to understand that the path ahead may hold various outcomes. Among these, the possibility of having charges dropped stands out as a beacon of hope for many.
From evidentiary issues to procedural missteps, we’ll uncover the key factors that can influence the direction and outcome of domestic violence cases. Our goal is to provide a well-rounded perspective that respects the gravity of domestic violence allegations while acknowledging the complexities of the legal process. Please contact Aron Law Firm for support from a qualified and experienced criminal defense lawyer with experience in domestic violence and abuse cases, and we may be able to help you get such charges dropped.
How Do You Get an Alleged Victim to Drop Domestic Violence Charges?
Alleged victims of domestic abuse cannot drop their submitted domestic violence charges once their accusation is made. In California, technically, only the district attorney may drop domestic violence charges after an accusation. Alleged victims cannot change their minds once they call the police to the scene – at this point, the decision is out of their hands. This means a domestic violence case may be initiated even if all parties suddenly decide they do not want to participate.
The good thing about the domestic violence charges being out of the alleged victim’s hands is that you do not need to prove to them that the charges need to be dropped. You need to prove that the domestic violence charges should be dropped by convincing the district attorney.
At Aron Law Firm, we have experience defending thousands of criminal charges and can help you build a robust defense to seek the best possible outcome. We can support you when you retain a criminal defense attorney to support you with your domestic violence case.
4 Reasons Domestic Violence Charges May Be Dropped
Once an alleged victim contacts law enforcement about domestic violence, the accused person could face a criminal charge under California Penal Code 273.5 or code PC 243(e)(1). Once a criminal charge for violating PC 273.5 or PC 243(e)(1) has been put in motion, it will then become the district attorney’s decision whether or not to drop charges regardless of the alleged victim’s wishes.
Generally, this means domestic violence charges will be established and all parties will be required to participate in the domestic violence case.
Prosecutors may choose to drop charges for violating California PC 273.5 and PC 243(e)(1) in the following instances:
1. Insufficient Evidence
One of the primary reasons the prosecution may drop domestic violence charges is the lack of evidence. The prosecution must show the court that the defendant is guilty beyond a reasonable doubt.
When a prosecutor cannot establish that the defendant committed all elements that make up a domestic violence charge, they may choose to drop the charges. To prove domestic violence, the prosecution must prove the following:
- The defendant willfully touched another person
- The touching was harmful or offensive
- The person whom the defendant touched is or was an intimate partner
When one or more of these elements are difficult or nearly impossible to prove, the prosecution cannot move forward with the domestic violence charges and will likely elect to drop them. They are especially likely to drop the charges if they believe they are unlikely to close the case with a domestic violence conviction against the alleged individual.
2. Inconsistent Statements
Prosecutors review the alleged victim and the defendant’s statements before proceeding with the charges. In some cases of domestic violence allegations, the victim may make two statements – one to the responding police officer and a written statement.
If the statements are inconsistent, the witness may be deemed unreliable. Other times, the alleged victim’s story does not match their injuries. Sometimes other witnesses, a family member or household member, or an alleged victim changes their story.
It is the victim’s role, primarily, to establish a clear idea of what supposedly happened, provide enough evidence to demonstrate what they claim is true, and provide probable cause for bringing about their charges.
All these instances create doubt in the case, and they must be able to prove the charges beyond a reasonable doubt. If they are unable to provide consistent statements, you can likely have your domestic violence charges dropped.
3. No Visible Injuries
Not having visible injuries does not mean that domestic violence did not occur, nor is it a requirement for a defendant to face domestic violence charges. However, a prosecutor needs evidence of harmful or offensive touch to charge a person with domestic violence. The presence of serious bodily injury or physical harm will often serve as sufficient evidence to uphold the domestic assault charges.
While the evidence does not need to be physical injury, the lack of visible injury may make it more challenging to prove the offense occurred. This means the alleged victim may need to provide other evidence that demonstrates domestic battery or the court may decide to have the domestic violence charges dropped, as there may not be sufficient evidence to uphold the domestic violence allegations.
4. No Independent Witness
Many domestic violence acts are committed between people in a familial relationship and go unwitnessed. Having no witnesses does not mean the defendant cannot be arrested. A prosecutor may still charge a person with domestic violence, even without a witness, if the following applies:
- New and visible injuries
- Statements by the two parties involved
- Signs of fighting at the crime scene
However, if the statements are conflicting and there are no independent witnesses (witnesses outside of the defendant and victim), it may be more challenging to prove the crime occurred.
This may result in domestic violence charges being dismissed, felony domestic violence charges being reduced to misdemeanor domestic violence charges, or other results that may favor the defendant.
Should You Work With a Skilled Attorney to Get Your Charges Dropped?
We encourage you to work with a qualified criminal defense attorney for support during this legal battle, as we can help you dismiss domestic violence charges, reduce the severity of penalties you might face, and much more. We’re dedicated to collecting evidence of self defense, police reports, and much more to fight for your severe penalties to be lowered.
At Aron Law Firm, we have handled domestic violence cases, criminal charges, cases involving extensive criminal history, and much more. We can support you in many ways throughout this difficult time, including but not limited to the following:
- Develop a robust defense strategy
- Review the prosecution’s case
- Work with law enforcement and police officers
- Evaluate your criminal record
- Provide legal counsel and additional guidance
- Collect as much evidence as possible
- Convince prosecutors you are not deserving of a severe conviction
- Reduce jail time, community service, and the severity of other penalties
- Negotiate with every party
- Prepare your case for court
- Consult with experts
- Assure that all documents are filed correctly and in a timely manner
- Communicate with the other parties on your behalf
- Organize and present the evidence
- Access research methods and tools only available to legal professionals and in the law office
- Quicker delivery of documents from law enforcement
- An understanding of the legal system and how to make it work for you
- Interview witnesses and family members
- Help formulate a plea
- Evaluate potential sentences
- Review search and seizure procedures
When you work with Aron Law Firm, you are far more likely to have your domestic violence charges dropped, decrease the severity of penalties, and many other positive results. We know legal matters can be difficult, so we encourage you to refrain from representing yourself if you want to drop domestic violence charges placed against you.
Contact Aron Law Firm to Face Domestic Violence Charges Together
The domestic violence attorneys at Aron Law Firm have extensive practice negotiating with prosecutors and the district attorney’s office to help our clients receive more favorable terms when facing criminal charges for PC 273.5 and PC 243(e)(1) violations. When you partner with our firm, you can trust our experienced legal team will craft a compelling case. The sooner you contact Aron Law Firm, the sooner you can gain a deeper understanding of your charges and take action to defend yourself.
Facing domestic violence charges may severely impact your career and reputation. At Aron Law Firm, we act fast to help protect your legal rights and best interests. Contact us today at (805) 618-1768 or complete our contact form.
