A common question we hear at Weinstein Legal Team is regarding how to get charges dropped for domestic violence. If you are currently facing charges of criminal abuse, contact a domestic violence attorney in Florida today. It may be possible to have your charges reduced, or even dismissed entirely. However, you need an experienced criminal defense lawyer to hold the State to its burden. A defendant in a Florida criminal case does not have to prove innocence. The prosecution has to prove every element of the charge beyond a reasonable doubt. When considering how to get charges dropped for domestic violence, there are several possible routes to take. The courts will look at the credibility of your accuser, the evidence and facts surrounding your case, and more.
A domestic violence conviction can have serious ramifications on your life. It can affect custody if you share a child with your accuser, it shows up on the background checks employers and landlords run, and it can put you in jail. Under Florida Statute 741.283, a person adjudicated guilty of a domestic violence offense who intentionally caused bodily harm serves a minimum of 10 days in county jail for a first offense, 15 days for a second and 20 days for a third. Those minimums rise to 15, 20 and 30 days if a child under 16 was present. If the court withholds adjudication and places you on probation, Florida Statute 741.281 requires it to order a batterers' intervention program, which runs 29 weeks and 24 weekly sessions under Florida Statute 741.325. Don't take your chances facing the courts and prosecutor alone. Contact Weinstein Legal Team today and ask for Partner and head of the Criminal Defense Division Matt Shafran, and receive a free case evaluation with no obligation. Mr. Shafran is ready to fight aggressively to protect your rights. Call 954-845-0505 today.
Understanding the Victim's Role in Your Case
In Florida the alleged victim cannot drop a domestic violence charge. That decision belongs to the State Attorney. Florida Statute 741.2901 directs each state attorney to adopt a pro-prosecution policy for domestic violence and to have the assigned prosecutor decide whether to file charges, over the objection of the victim if necessary. Many people assume the opposite. What may have been a grave misunderstanding, or an argument reported by the neighbors, is now a criminal case. Frequently, all parties involved later regret the altercation and it's fairly common for the victim to request that police drop the charges against the accused.
However, in the state of Florida, if an individual is facing criminal charges for domestic violence it is not the victim who has the authority to drop these charges. While the victim may choose not to pursue the case in civil court, and may not file for an order of protection, ultimately it is up to the state and the prosecuting attorney whether or not to continue with the case. This means that even if a victim states that they would like to drop the charges, you may still face a court hearing and possible consequences.
This is the state's policy for several reasons, and it is designed to protect the victim. Victims in domestic violence cases may be afraid of their accuser and reluctant to go through court proceedings. Other times, the two individuals live together, and one may be financially dependent on the other person or feel pressure to drop the charges. Florida policy alleviates the victim of the challenging decision of whether or not to pursue charges against a person accused of abuse. If you pressure or harass the alleged victim into dropping the case, you can be charged separately under Florida Statute 914.22, tampering with or harassing a witness, victim or informant. The grade of that charge tracks the grade of the case you are accused of interfering with, so it can be a more serious offense than the domestic violence charge itself.
If the alleged victim does not want the case prosecuted, they can give the State Attorney's office a sworn affidavit of non-prosecution saying so. The prosecutor may consider it and is not bound by it, so the case can still go forward. If you are the person charged, hire a criminal defense attorney and do not contact the alleged victim about the case yourself.
Victim Credibility
Other times, the victim does not wish to drop domestic violence charges and intends to continue with the court case. If you're asking how to get charges dropped for domestic violence and this is the scenario, contact a criminal defense attorney to help with your case.
In the event that an individual does pursue a case against you, one of the first things that an experienced lawyer will examine is their credibility. Time and time again, scorned former lovers, co-parents, or angry family members either exaggerate or make false claims regarding domestic violence. There may be a motive, such as in nasty custody battles. A defense attorney examines those motives and whether there are grounds to question your accuser's credibility. That matters because the State, not the court, carries the burden, and it has to prove every element beyond a reasonable doubt.
Evidence such as witness testimony, a lack of physical evidence or injury, security camera footage, and more, may be useful in this situation. At Weinstein Legal Team we gather that evidence and use it to attack the proof the State intends to put in front of a jury.
Criminal Cases vs. Civil Suits for Domestic Violence
You may be surprised to learn that you can face both criminal charges for domestic violence as well as a separate, civil lawsuit for the same alleged crime. An acquittal in the criminal case does not end a civil suit for the same conduct, because the two cases run on different burdens of proof.
Criminal Cases for Domestic Violence
Criminal cases for domestic violence are tried by the state, and the victim's approval is not necessary to pursue the case. If the police arrive at a scene and arrest you for domestic violence it is a criminal charge and the prosecutor's office will review the facts of your case and determine if there is enough evidence to place you on trial.
If you are found not guilty in the criminal case, your accuser can still sue you in civil court, where the burden of proof is lower.
Civil Suits for Domestic Violence
In the state of Florida, spouses and family members are legally allowed to file lawsuits against each other for civil liability. In the event of a domestic violence lawsuit, your accuser may file a civil suit against you for an intentional tort, or for deliberately acting in a way to cause them harm.
Civil lawsuits are a bit different from criminal cases. In a criminal case, the state must prove beyond a reasonable doubt that you are guilty. In a civil lawsuit the plaintiff only has to prove liability by the greater weight of the evidence, meaning more likely than not. Civil defendants are found liable, not guilty.
When considering how to get charges dropped for domestic violence, a lawyer will follow similar steps in a civil lawsuit as they would in a criminal trial. The courts will look at the presenting evidence as well as both your credibility and the credibility of your accuser. It will significantly help your case to have character witnesses testify on your behalf.
Getting a Charge Dropped for Domestic Violence
If you are facing criminal charges for domestic violence, don't wait to contact a criminal defense attorney. Possible consequences of a conviction may include losing custody of your children, spending time in jail, having to complete probation, counseling, and more. The court can also enter an injunction for protection against domestic violence under Florida Statute 741.30. That injunction can order you out of a home you share with the petitioner and can bar you from possessing a firearm while it is in effect.
Domestic violence charges are sometimes reduced or dropped, but that call belongs to the State Attorney and turns on the evidence in the file. No lawyer can promise a result. Contact Weinstein Legal Team today to start your free case review.
