Unfortunately, domestic violence is a serious concern for many families in the United States. This pattern of abuse can be physical, emotional, economic, sexual, or psychological violence in a relationship. Being accused of domestic violence can result in criminal charges. Here are the types of charges and what factors may be involved in getting domestic violence charges dropped.
Common Types of Domestic Violence
What May Influence Charges
The severity of the abuse: Less severe cases run a greater chance of being dropped than more severe cases of domestic abuse. If the case involves significant physical injuries like a broken bone or head trauma, the prosecutor is more likely to pursue it aggressively. However, the prosecutor may consider dropping the case if it resulted in only minor injuries or was an isolated event (and the victim shows no interest in pursuing it).
Evidence available: The outcome of domestic violence charges largely depends on the strength of the evidence supporting the allegations. Prosecutors need sufficient proof to establish that abuse occurred and that the defendant was responsible. Evidence in such cases can include physical injuries, eyewitness testimonies, 911 call recordings, medical records, and visual documentation of the abuse. Strong evidence increases the likelihood of the prosecutor pursuing the case, while weak evidence may lead to the charges being reconsidered or dropped.
Abuser’s criminal history: An abuser's criminal history can significantly impact the progression of domestic violence charges. If the abuser has a record of domestic violence or other violent offenses, the prosecutor may pursue the case more aggressively to prevent future harm. Conversely, if the abuser has no prior record and the incident appears isolated, the prosecutor might consider alternative resolutions like counseling or anger management.
Victim’s willingness to testify: The victim's willingness to testify is crucial in determining whether domestic violence charges proceed, as their testimony often serves as key evidence. If the victim cooperates, the prosecutor is more likely to pursue the case, but reluctance or recantation by the victim can hinder the prosecution's efforts. Various factors may cause a victim's hesitation, such as fear of retaliation, financial dependence, or a desire to keep the family intact. While prosecutors can sometimes address these concerns, persistent refusal to testify might lead to dropping the charges.
Offender’s likelihood of reoffending: Another determining factor influencing the pursuit of domestic violence charges is the likelihood of the abuser reoffending. If the prosecutor believes the abuser is likely to commit further violence. They may pursue the case aggressively to protect the victim and community, especially if the abuser has a history of violence, shows no remorse, refuses rehabilitation, or has substance abuse or mental health issues. Conversely, suppose the abuser shows remorse, takes responsibility, and seeks help. In that case, the prosecutor might consider alternative resolutions, such as plea bargains, which could reduce charges or sentences but may not always serve the victim's best interest.
If domestic violence charges proceed, the criminal justice system will move forward with the case, resulting in the abuser's arrest and potential jail time until bail or trial. A conviction can lead to penalties such as fines, probation, counseling, restraining orders, or imprisonment and have long-term effects on employment, housing, and child custody. Due to these severe consequences, it is essential to take the charges seriously and seek help from a skilled legal professional to navigate the legal process.
Contact the attorneys at Hoover Kacyon for your domestic violence case today.
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