Can my Partner Cancel or Withdraw a Domestic Assault Charge?

If you have been charged with domestic assault, the prospect of going to court and standing in front of a judge and potentially a jury of your peers to answer the charge can be intimidating. Hiring an attorney is suggested to explore your many options, which could include seeking to have the domestic abuse charge released. Before talking about getting the domestic assault charge dropped, we’ll consider what the charge entails.

Domestic Violence is a Broad Label that Can Apply to Many Acts

Domestic assault, often termed domestic violence, is an umbrella term for a variety of activities or actions. Domestic violence is a term that applies to a variety of offenses or may be attached to a separately charged crime to enhance the underlying penalty. This means that getting the charge addressed might impact the severity of the charge against you and the amount of potential jail time that you face. When a crime such as assault, trespass, or burglary is committed against a family member or member of your household or intimate partner, domestic violence has occurred. The term stems from the location of the crimes, the home, or the nature of the relationship between the parties.

Can the Other Party Drop My Domestic Assault Charge?

If a domestic violence charge has been leveled against you, one of the first questions you might be asking is, can my spouse drop the charges? Can a criminal defense attorney encourage the other party to drop the charges? Oftentimes, the answer to this question is no. Generally, once the prosecutor has taken the case for domestic violence, the party who filed the case is no longer able to drop it. From a policy perspective, doing so makes sense, as victims of domestic assault might be intimidated or assaulted further into dropping the charges. Only the state has the option of dropping the charges once they have been filed by the prosecutor’s office.

Criminal Defense Attorneys Know how to Negotiate with Prosecutors and Assess Evidence

Once your domestic assault case has been filed by the prosecution, only the state can dismiss the case. This underlines the importance of an experienced criminal defense attorney who can examine the charging instrument and evidence for your domestic assault case. While the charge may not be able to be dropped by the party that filed it, if the evidence is not sufficiently strong, the prosecution will not bring the case forward into trial and could dismiss your charges. The difference between your freedom or incarceration depends upon the knowledge of your criminal defense attorney.

Reach Out to an Experienced Domestic Assault Defense Attorney Today

If you are accused of domestic violence, call Cohen Law Offices today at (715) 514-5051. Our experienced team knows what to look for in determining the viability of the case against you and can help negotiate a withdrawal should the opposing party be open to it. Your options are many, and an attorney with the know-how to choose the best one for your case is essential.