In the Golden State, domestic violence is lamentably one of the most common crimes in the state. According to the California Penal Code Section 273.5, domestic violence is legally defined as causing bodily injury to a spouse, previous partner, or cohabitant.
While most charges in these domestic violence cases are misdemeanor offenses, anyone convicted of domestic violence will receive a minimum sentence of three years’ probation and a possible restraining order. Nevertheless, each case can promptly escalate to a felony offense if the act resulted in severe bodily injury if a minor is involved or in cases of sexual assault. In such cases, the crimes carry a minimum of four years in prison plus hefty fines.
Being the defendant in a domestic violence case is certainly not the most enjoyable feeling in the world. But, the defendant can hope to get the charges against them dropped to avoid severe punishment and the collateral aftermath of being the wrongdoer in domestic violence. Furthermore, the victim can sometimes regret taking legal action against their spouse or partner and select to stop pressing charges. However, according to California domestic abuse law, the prosecutor is the only person eligible to drop the charges once the events come to the state’s attention.
In this article, we’ll take a look at how and why someone may drop the domestic violence charge in California.
Reasons To Drop A Domestic Violence Charge
As we already mentioned, once the defendant is charged with domestic violence in California, the state prosecutor is the only person capable of dropping that charge. They investigate criminal cases and allegations brought to their attention, represent the victim in court, and seek a course of action that provides justice for the victim and the best outcome for the state.
Per se, prosecutors can only drop domestic violence charges if there’s a lack of evidence or enough doubt cast on the victim’s allegation. Of course, getting a specialized domestic violence defense from lawyers like www.hrubiclaw.com and having the best defense possible won’t harm the defendant in the process. Here are the main reasons why the prosecutor may drop a domestic violence charge:
Insufficient Evidence
The lack of evidence is the leading reason why domestic violence charges get dropped. The prosecutor’s role is to present evidence supporting the victim’s allegations to the courts and prove that the defendant is indeed guilty beyond a reasonable doubt. However, if there’s insufficient evidence to present to the court, the prosecutor may decide to drop the charges for good.
No Visible Injuries
In order for the defendant to be convicted of domestic violence offense in California, there’s no strict requirement for visible marks of physical injuries on the victim, as each abuse may occur even when there is no visual proof of physical harm. Nonetheless, these cases are much harder to prove, and the prosecution will have to find alternate evidence that shows that there was harm done to the victim. As a result, the prosecutor may drop the charges when there are no visible injuries, and other evidence can’t be found.
Contradicting Statements
Victims usually make two separate statements when reporting a domestic violence offense. The first is an oral statement made to the police officers who arrest the individual at fault. The second one is a written statement filed in the police report.
The prosecutor will review both statements by duty when going through the evidence. In that context, any contradiction between the statements can cause the prosecutor to doubt the truthfulness of the allegation and may drop the case. In that same manner, when the statements contradict the victim’s physical injuries, the prosecutor can also decide to drop all charges.
How To Drop The Charges In California
Since it’s exclusively the prosecutor’s decision to drop the charges or not, anyone willing to have the charges dropped needs to convince the prosecutor that doing so is the best course of action for all parties involved in the case. If it’s the defendant facing charges that are looking forward to having the charges against them dropped, they can help their case by one of the following methods:
Appointing A Domestic Violence Attorney
Even though the defendant can convince the prosecution team to drop all charges against them alone, appointing an experienced domestic violence law office such as www.ewinglawoffices.com to help their defense will certainly help. These highly-skilled attorneys can directly persuade the prosecutor that charging the accused would be detrimental. Furthermore, for cases that make it to court, a specialized domestic violence attorney would know how to get the case dismissed in California by using strong defense strategies. If this doesn’t help drop the charges, they could definitely help get the defendant’s sentencing reduced, such as the judge issuing a protective order.
Writing A Detailed Account Of The Incident
Occasionally the police report will have untrue allegations or detail incorrect information. Writing a proven incorrect or untruthful account of the incidents and handing it to the prosecutors can be enough to convince them to drop the charges against the defendant.
Final Thoughts
In the end, dropping domestic violence charges in the Golden State is notoriously tricky. And once law enforcement knows of the unwanted events and has arrested the accused, neither the defendant nor the victim has a say whether the prosecutor should drop the charges.
Nevertheless, both parties can persuade the state to drop the charges. The alleged victim can do that by submitting an affidavit of non-prosecution. The defendant’s best chances to get their charges dropped rely on gaining the prosecutor’s support and casting doubt on the gathered evidence.
