If you are facing domestic violence charges or if you are a victim or a witness in a domestic violence case, you may have some basic questions.
Can the victim “drop the charges”? No, in a criminal case the victim is not the person bringing the charges. In a civil suit, the plaintiff can choose to dismiss the case. In a criminal case, the charges are brought by prosecutor, and the judge has the power to dismiss the case. The prosecutor has to have enough evidence to be able to convict the defendant, so the victim’s testimony may have an impact on the prosecutor’s ability to convict. However, in many domestic violence cases, the prosecution has pictures, statements from the victim which may be admissible due to the particular circumstances, or other types of evidence that can be used in spite of a victim’s reluctance.
Do the defendant and the victim have to be married for the crime to count as domestic violence? No, the defendant and the victim just have to be in an intimate relationship (which includes but is not limited to marriage). For example, domestic partners, currently or previously dating, living or lived together, have a child together can all qualify as an intimate relationship for a domestic violence charge.
Is domestic violence a felony or a misdemeanor level crime? Each case is unique and the prosecutor determines the charges. There are multiple different types of specific crimes relating to domestic violence. In general, the extent of injury involved is one factor the prosecutor uses in determining how to charge, and the second factor is previous criminal convictions.
Are there any possible defenses to a domestic violence charge? Yes, there are many potential defenses, and you should seek legal advice on the facts of your specific case. Self-defense is one common defense, where the defendant claims that he/she reasonably perceived an imminent threat, had a proportional response and was not the initial aggressor. False allegations for manipulating child custody or divorce proceedings. Here, the defendant shows that the witness has a motive to lie about facts, and did in fact lie about them. Another tactic for winning these types of cases is to attack the level of proof presented. The prosecutor must prove the crime beyond reasonable doubt and many domestic violence cases leave room for significant doubt about what was said and done. Another common defense is to show that the conduct was not willful, in the instances where a true accident occurred.
Is a domestic violence allegation a big deal? Yes, it can be, and it’s likely that you are going to want to hire an attorney to vigorously defend you. Fines can be up to $6,000, and on rare occasions with enhancements even higher. Penalties can include up to a year of jail for misdemeanors and several years for felonies. Convictions can have consequences for your career as well, so it’s important to take a domestic violence allegation seriously.
