An allegation related to domestic violence is always a serious matter. Regardless of the exact behavior that led to an arrest, a conviction to certain offenses can require a Judge to sentence a guilty person to time in jail, regardless of their history or lack thereof.
After an arrest for domestic violence, the ideal result is to have a Prosecutor dismiss the charges. However, obtaining this result can be difficult, even if an alleged victim offers to recant their statement or change their story. Working with a domestic violence defense Attorney can help you obtain a better result after an arrest. This may include a Prosecutor dropping a West Palm Beach domestic violence charge.
Identifying a Domestic Violence Case
State law provides a strict definition of an arrest related to domestic violence. Florida Statute § 741.28 says that an incident of domestic violence involves the infliction of physical harm against a household member. As a result, a domestic violence charge can result from:
The nature of an offense on its own is not enough to allow for the creation of a domestic violence case. The relationship between a Defendant and an alleged victim designates a case as supposed domestic violence.
Under state law, domestic violence victims must be a family member, relative, or cohabitant of a Defendant. Blood relations, dating partners, and even roommates can fall into this category. An Attorney in West Palm Beach can provide more information about why a case is classified into the category of domestic violence and how to get that charge dropped.
How Could an Attorney Work Towards the Dismissal of a Domestic Violence Case?
Domestic violence cases can be complicated matters to address. In many examples, an arrest only occurs after an alleged victim brings a complaint to the Police. Those complainants may later regret their decision, come to believe that they have exaggerated their statement, or even totally withdraw their allegations.
However, the sole decision to pursue criminal charges related to domestic violence lies with a Prosecutor. Even if an alleged victim states that their previous statement was inaccurate or they do not want the case to go forward, Law Enforcement may still wish to push the case through criminal Court.
Evidence from an alleged victim that an event did not occur as initially stated may be powerful information in a Trial. However, it is not always enough to obtain an outright Dismissal of the charges. Ultimately, a Defense Attorney must attempt to obtain an exclusion of evidence before a Trial or present arguments at Trial that there is reasonable doubt concerning the State’s allegations. This may eventually convince a West Palm Beach Prosecutor to drop a domestic violence charge or result in a not-guilty verdict.
Dropping West Palm Beach Domestic Violence Charges May Require the Help of an Attorney
Many states have procedures in place that allow for the dropping of a domestic violence case if both a Defendant and supposed victim come to an agreement. Sadly, this does not apply to West Palm Beach cases. The Prosecutor in the case has the sole decision as to whether to keep a case moving forward in criminal Court. Even if a supposed victim recants their statement or wants the charges to go away, this may not be enough to bring the case to a close.
Hiring a Lawyer to handle a domestic violence case may bring a better result. They could use an alleged victim’s change of story to create reasonable doubt about the Prosecutor’s case at trial. Contact Leifert & Leifert today to see how they can help in dropping West Palm Beach domestic violence charges.
