Can Someone Drop Domestic Violence Charges?
When you fight with a spouse, partner, roommate or the other parent of your child, both of you can stop fighting whenever you choose.
However, once charges of domestic violence, false imprisonment, stalking, sexual battery/rape, assault or battery are filed, the case is largely out of your hands and the hands of the alleged victim.
This means that, if the victim has a change of heart, he or she cannot simply deny that the alleged crime took place. It also means that he or she cannot decide to withdraw allegedly valid charges simply to “be nice.”
Instead, state prosecutors will likely begin investigating the case, gathering evidence and building a case aimed at proving your guilt and obtaining conviction, which can lead to:
- Mandatory 26-week anger management class (which you will pay for)
- Up to a year in jail and/or a year of probation
- The loss of your right to possess firearms
- The loss of the right to contact the victim, enter your home and visit your children through a restraining order
- A criminal record that cannot be sealed or expunged
Though alleged victims cannot automatically withdraw domestic violence charges, a withdrawal or attempted withdrawal are still sometimes possible. Factors include:
- Whether the prosecutor and legal parties wish to consider allowing a withdrawal
- Whether the facts of the case are strong
If the alleged victim does wish to withdraw the charges, it can strongly help the accused’s case. We can work with the alleged victim, communicate any desire to drop the charges to prosecutors, and work to have your charges reduced or dismissed. For more information and to schedule a no-charge consultation, please contact our office.
Contact Us To Speak With A Defense Lawyer Today
The Law Office of Corey I. Cohen & Associates provides free initial consultations, is conveniently located in downtown Orlando across from Lake Eola and offers free parking. Additionally, we accept Visa, American Express, MasterCard and Discover, and we offer flexible payment plans.
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