When you’ve been accused of domestic battery or aggravated domestic battery, one of the first things you want to ask your lawyer is, “Can a domestic violence case be dismissed?”
The good news is that it is possible for a domestic violence case to be dismissed. However, there are very specific circumstances – and it’s not easy. For most people who have domestic violence cases dismissed, it all starts with a skilled defense attorney.
Can a Domestic Violence Case Be Dismissed?
Sometimes, a domestic battery defense lawyer can talk to the prosecutor and have the case dismissed. In other cases, you’ll have to go to court – and the judge will decide whether you’re innocent or guilty of the crime.
If your case is dismissed, it will likely be due to a lack of evidence on the prosecution’s side. Just like in any other legal case, the prosecutor has to be able to prove that you committed the crime beyond a reasonable doubt – but if there’s no evidence (or not enough evidence) to back up the prosecutor’s claim, he or she may decide to drop the charges.
Usually, even if the alleged victim wants to drop the charges, the case can still proceed. However, if a victim changes his or her story, it can make it harder for a prosecutor to prove that you committed the act of domestic violence. When that happens, it’s possible that the prosecutor will drop the case. Remember, though, there’s no way to predict what a prosecutor will decide to do or how a judge will rule; there aren’t any guarantees when it comes to the legal system.
Your best bet is probably to call a domestic violence defense attorney to get advice and ask questions about your case.
Do You Need to Talk to a Domestic Violence Defense Attorney?
If you’ve been accused of domestic violence, call us right away at 847-920-4540 for a free case review.
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