Can You Get Domestic Battery Charges Dropped?

If you’re wondering whether it’s possible to get domestic battery charges dropped, there’s on one-size-fits-all answer to that question. In some cases, it is possible – but in others, there’s no chance. This guide explains. 

It is technically possible to get domestic battery charges dropped. The caveat to that is that the only entity that can drop domestic battery charges against you is the prosecutor’s office. The alleged victim cannot drop domestic battery charges. Once the police have become involved, the case is out of that person’s hands. It’s out of everyone’s hands but the prosecutor’s, in fact, and that’s the only person who has the authority to “drop” the charges.

Related: Can my spouse drop domestic battery charges?

Talking to Your Attorney About Getting Domestic Battery Charges Dropped

In many cases, attorneys immediately evaluate their clients’ cases and try to determine if the charges can be dropped. Naturally, having a case dropped is much easier for everyone involved than going to trial – and if your case is dropped, you’ll save money on lawyer’s fees. If the prosecutor drops your charges, there’s also no chance that you’ll be found guilty – you’ll no longer be accused of a crime, so there’s nothing to find you guilty of. 

Your lawyer will review all the circumstances of your case and figure out whether there’s any basis for asking the prosecutor to drop the charges against you. If there is, you can be sure that your attorney will contact the prosecutor’s office and explain. 

Are There Other Ways to Get Domestic Battery Charges Dropped?

The only person with the authority to drop the charges against you is the state’s attorney (the prosecutor). The prosecutor can decide whether they have enough evidence – or seem to have enough evidence – to get a judge to convict you. If the prosecutor knows they don’t have enough evidence to convict you, there’s a chance that they’ll drop the charges against you. Usually, that decision is kicked off when a defendant’s attorney contacts the prosecutor and explains why the prosecution is unlikely to get a conviction.

Related: Can you get a DV case dismissed?

Do You Need to Talk to an Attorney About Domestic Battery Defense?

If you need to talk to a domestic battery defense attorney in Illinois, we’re here to help. Call us at 847-920-4540 now – we’ll be happy to give you a free consultation and talk to you about your options.