When Might Domestic Violence Charges Get Dismissed?
When police respond to a domestic dispute, their primary goal is to deescalate the situation as quickly as possible. Unfortunately, that sometimes means making an arrest without conducting a thorough investigation first. As such, prosecutors often make charging decisions without all of the evidence.
If you’re facing domestic violence-related charges but you think the court failed to consider the situation from all angles, you may be wondering how to get your case dismissed. While there’s no way to guarantee dropped charges, there are several defenses that might apply to your case.
For example, if the alleged victim was under the influence when the altercation occurred, his or her word is unreliable. Likewise, if he or she has something to gain by seeing you in jail—like primary custody—the prosecutor may be inclined to question their version of events.
Just because the opposing party’s statements are inconsistent or implausible, however, doesn’t mean your case will automatically be dismissed. Generally speaking, a prosecutor will only consider dropping the charges if there’s convincing evidence that the victim is lying and there’s no other proof that implicates you.
In other words, if several other people witnessed the incident or there’s surveillance footage of it, the victim’s testimony won’t hold so much weight. If, on the other hand, his or her statement is the only evidence the prosecutor has, it could essentially make or break your case, depending on the circumstances.
When trying to Dismiss a Case, We look for these types of Evidence
At the end of the day, prosecutors drop criminal charges if they don’t think the offense can be proven—or if they think it will be disproven—in trial. As such, your legal team will aim to gather evidence that’s more persuasive—and reliable—than the alleged victim’s testimony. Such evidence may include:
- Statements from neutral eyewitnesses;
- Audio or video recordings;
- Text messages and other correspondence;
- Statements from close friends and family;
- Social media posts; and
What Is the Best Way to Fight Domestic Violence-Related Charges?
Since every domestic violence case is unique, there’s no standard defense for fighting such charges. This is why it’s so important to seek legal counsel.
A strategic lawyer will have the resources to conduct an investigation that yields the evidence needed to build your defense. What’s more, your attorney will handle all correspondence with the prosecutor while protecting your rights at every stage of the proceedings.
Speak with a New York Criminal Defense Attorney
If you’re facing domestic violence-related charges, turn to Jack M. Sanchez at LoTempio P.C. Law Group. A member of the Erie County Bar Association and New York State Defender’s Association, Mr. Sanchez has been fighting charges for violent crimes for a number of years. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a criminal defense lawyer in New York.