Domestic Violence is also known as Family Assault and is an assault charge that stems from an altercation between family members or those who live together but may not be married. The charges typically arise when the police are called to the home because of an altercation between two or more of the people living there. The police should speak with everyone in the home to determine what happened and then arrest the person who is at fault if there has been violence. Once a person is arrested for these charges, he will want to contact a lawyer as quickly as possible.
A person who has been charged with this charge will likely want to know if there is any way to have the charges dismissed or lowered to avoid severe penalties. Even if the person who called the police and reported the abuse decides they don’t want the person charged after all, there isn’t much they can do. The prosecution can still bring charges against the person if there is sufficient evidence to prove the assault without the victim’s testimony. However, the defense lawyer may be able to convince the prosecution and the judge that there isn’t sufficient evidence without the witness statement and the charges can be dropped in this case.
Another way to have the charges dismissed is to prove that there’s at least the possibility the arrested person was not the instigator. When a person is charged with a crime, the prosecution must prove they did it beyond a reasonable doubt. If the defense lawyer can create reasonable doubt, the person may be found not guilty in court. If there is sufficient evidence to show the person was coerced into the fight or was just defending against the other person, the prosecution may also be willing to drop the charges. This could come as video evidence or witness statements.
Anyone who has been arrested and charged with domestic or family violence will want to contact a defense lawyer as quickly as possible to see what their options are and to see if the charges can be dismissed. If you’re in this situation now, it’s imperative you seek help right away. Please contact Vinas & Graham today to discuss your case.
