If you’re facing domestic battery charges in Chicago, Skokie, Rolling Meadows or elsewhere in Illinois, you probably have a lot of questions. One of the most common questions we hear is “Can my spouse drop domestic battery charges against me?”
Here’s what you need to know.
Can My Spouse Drop Domestic Battery Charges Against Me?
Sometimes an alleged victim, after seeing how serious domestic battery charges are (and the consequences of a conviction, which can include prison time), wants to cancel the whole thing. But the alleged victim can’t just call the police and ask them to drop the charges. The police don’t have the power to do that.
Your spouse cannot drop domestic battery charges against you in Illinois. Your accuser doesn’t have the power to do so. The only person who has the power to drop the charges against you is the state’s attorney.
After the state charges a person with a crime, only the state can decide to drop the charges. Your case isn’t against the alleged victim – it’s against the people of Illinois.
If My Spouse Can’t Drop Domestic Battery Charges, What Do I Do Next?
If you’ve been accused of domestic battery, you need to know that you’re facing serious consequences if a judge convicts you. Simple domestic battery is a Class A misdemeanor, but in some cases, domestic battery can be a Class 2 or Class 4 felony. You could end up going to prison over one mistake (or worse, a false accusation).
You have the right to talk to an attorney if you’ve been accused of a crime. We strongly suggest that you use that right! You can call us at any time – we’re at 847-920-4540 – for a free case review. We can answer your questions and give you the legal advice you need.