Facing Domestic Violence Charges? Here’s How You Can Get Them Dropped
Being charged with domestic violence in California is a serious matter. A conviction can lead to severe consequences, including jail time, fines, and a permanent criminal record. However, not every case ends in conviction. With the right strategy and legal representation, it’s possible to get domestic violence charges dropped. As an experienced criminal defense attorney at Kersey Law, I’ve successfully helped many clients clear their names and protect their futures. In this guide, I’ll walk you through the key steps to getting domestic violence charges dropped in California and how you can safeguard your rights.
Understanding the Legal Process for Domestic Violence Charges
What Happens After You’re Charged with Domestic Violence?
Once you’ve been charged with domestic violence, the legal process begins. This includes your arrest, booking, and a court appearance for arraignment. During this process, the prosecutor will review the case to determine whether there is sufficient evidence to move forward.
The Role of the Prosecutor
In California, the prosecutor decides whether or not to pursue a domestic violence case, regardless of the alleged victim’s wishes. Understanding how the prosecutor evaluates the case is essential for developing a strategy to have the charges dropped.
Strategies for Getting Domestic Violence Charges Dropped
1. Lack of Evidence
One of the most effective ways to get a domestic violence charge dropped is to prove that the prosecution lacks sufficient evidence. The prosecutor must establish guilt beyond a reasonable doubt, and if there is a lack of physical evidence, witness statements, or credible testimony, your attorney can challenge the strength of the case.
2. False Allegations
Unfortunately, false accusations are not uncommon in domestic violence cases. In contentious divorces or child custody disputes, one party may make false claims to gain leverage. Your attorney can help uncover the motives behind these accusations and present evidence that the charges are unfounded.
3. Self-Defense
If you were acting in self-defense, your lawyer can argue that your actions were necessary to protect yourself from harm. California law allows individuals to use reasonable force to defend themselves if they believe they are in imminent danger.
4. Lack of Injuries or Medical Records
If the alleged victim does not have any visible injuries or did not seek medical attention, it may weaken the prosecution’s case. Your defense attorney can highlight the absence of physical harm as part of a strategy to have the charges dropped.
5. Inconsistent Testimony
Witness testimony is often key in domestic violence cases. If the alleged victim or other witnesses have given inconsistent statements, your attorney can use this to cast doubt on the credibility of the accusations, which may result in the prosecutor dropping the charges.
Working with an Experienced Criminal Defense Attorney
Why Hiring the Right Lawyer is Crucial
Navigating the legal process alone is risky. An experienced criminal defense attorney will know how to negotiate with the prosecutor, identify weaknesses in the case, and develop a strong defense to protect your rights. At Kersey Law, we’ve helped numerous clients get their domestic violence charges dropped or reduced, ensuring that their futures remain intact.
Building a Strong Defense Strategy
Your attorney will work closely with you to gather evidence, interview witnesses, and build a defense strategy tailored to your case. Whether it’s proving false allegations, demonstrating self-defense, or highlighting inconsistencies, your defense must be strong to persuade the prosecutor to drop the charges.
The Role of the Alleged Victim in Dropping Charges
Can the Alleged Victim Drop the Charges?
In California, once domestic violence charges have been filed, the decision to pursue or drop the case rests with the prosecutor, not the alleged victim. Even if the alleged victim decides they no longer want to press charges, the prosecutor can still move forward with the case.
How the Alleged Victim Can Help Your Case
Although the alleged victim cannot directly drop the charges, their cooperation can be helpful. If the alleged victim refuses to testify or provides statements in your defense, it may weaken the prosecution’s case and encourage the prosecutor to reconsider pursuing the charges.
Pre-Trial Negotiations and Plea Deals
Negotiating with the Prosecutor
In some cases, it may be possible to negotiate with the prosecutor to have the charges dropped in exchange for completing anger management classes, counseling, or other court-ordered programs. This can be a favorable outcome for individuals looking to avoid a trial and protect their records.
When a Plea Deal Might Be Appropriate
If getting the charges dropped entirely is not an option, your attorney may work to secure a plea deal for a lesser charge or reduced penalties. This can help minimize the impact on your future and keep your record as clean as possible.
The Long-Term Impact of Domestic Violence Charges on Your Life
Criminal Record and Employment
A domestic violence conviction can have long-lasting consequences, including difficulties in securing employment, housing, and even professional licenses. Having the charges dropped can prevent these negative outcomes and preserve your reputation.
Child Custody and Divorce Cases
If you’re involved in a child custody dispute or divorce, a domestic violence charge can severely impact the outcome. By getting the charges dropped, you protect your ability to maintain custody of your children and avoid the stigma of a conviction.
Take Action Now to Get Your Domestic Violence Charges Dropped
If you’ve been charged with domestic violence, time is of the essence. With the right defense strategy and a skilled attorney on your side, you may be able to get the charges dropped and protect your future. At Kersey Law, we are committed to helping you navigate this challenging time and fight for the best possible outcome. Contact us today for a confidential consultation to discuss your case and start building your defense.
