How to Drop Domestic Violence Charges in California
Domestic violence charges in California are certainly very serious! Usually, under most circumstances, it is not dismissed. There are several criteria that the prosecution needs to consider for determining domestic violence charges in California. Therefore, it becomes really critical to comprehend those issues. It holds a minimum of 4 years of imprisonment. Indeed, it is a severe crime with several consequences.
In case you have been accused in the state, you will have to know and understand the rights that are there, as well as learn the process of encountering domestic violence charges in court. People often misunderstand crimes related to domestic violence. It comes with several unbearable perplexing inquiries. However, it is only possible to have a thorough inquiry on the false accusations often levied in domestic violence by skbesq.com with that of legitimate domestic violence complaints.
More on Domestic Violence Charges in California
The accused will probably be able to contact the authorities anytime without intending to accuse anyone of any sort of domestic abuse. It may also happen when it comes to venting anyone’s emotions or in case there is no evidence of violence. The issue fails to be under control once the victim regrets the allegation. Police’s engagement cannot dismiss the charges of domestic violence either. Thus, the prosecution must decide whether to take action against the attacker.
Several prosecuting authorities have adopted a “no drop” policy if anyone is alleged of any kind of domestic violence. It is important to note that any allegation related to domestic violence needs the utmost serious treatment. In case the prosecution continues to bring any charge against the defendant, you may still have to face the impact of the charges.
Factors influencing a Domestic Violence Charge May Be Dropped.
Neither the victim nor the accuser has any power to drop domestic violence charges. The sole authority lies with the district attorney to dismiss the domestic violence case right at the court level. Here are a few reasons that may affect a prosecutor’s decision to dismiss California domestic violence charges:
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Insufficiency of proofs
The prosecution needs to establish that the defendant has committed the crime that is involved in the case. The defendant touching the other person intentionally should know the fact that it was hurtful. The prosecution needs to establish the fact that the touch was quite deliberate.
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Self-defense
The defendant will assert that the defendant has acted in self-defense. The prosecution needs to prove that the accident occurred by chance at the site. One must present a reliable testimony to prove the accusation.
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Inconsistency of statement
Statements serve as critical evidence in bringing the accusations of domestic violence. Therefore, the prosecutor should examine the statements to ensure there is no contradiction between the parties. This may further investigate the –
- discrepancy
- relationship between both parties
- body part that got hurt
- the date of the event.
The prosecution will further take the statements from the police officer who has reacted to the incident. The court-ordered statement is important. In case the statements seem to conflict, the prosecutor will have to declare them invalid.
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Absence of Visible Injuries
Domestic violence doesn’t necessarily imply that a defendant will have to show visible injuries. In the case of charging someone with any domestic abuse, the prosecution needs to demonstrate the fact that the person was subjected to all kinds of offensive and harmful touches. Even if they haven’t resulted in any kind of bodily injury. In such a case where apparent injuries are absent, the witness may have to go through a little more challenging situation to establish that an offense had actually occurred.
Bottom line:
Domestic violence charges can be really serious, and there could be certain reasons for which you may have no choice but to stand as null and void. This is when the role of an experienced attorney comes into the picture, and one needs to have enough clarity to present it before a court of law.
