How To Get a Domestic Violence Case Dismissed?

Domestic violence is a significant issue in the United States, with the National Coalition for Domestic Violence reporting that approximately 20 people are abused by a domestic partner every minute. Law enforcement takes all accusations of domestic violence very seriously to protect vulnerable victims. However, this approach can sometimes lead to unintended consequences for those who are wrongfully accused.

False accusations of domestic violence often arise during heated disputes, such as those involving divorce or other family law matters. While these accusations may result from emotional outbursts, the legal implications are severe. Domestic violence charges are not easily dropped, even when the accusations are untrue, placing a heavy burden on the accused to defend themselves.

If you are facing domestic violence charges, taking immediate action is crucial. Seeking legal guidance from a skilled Nassau County domestic violence lawyer at Lebedin Kofman LLP can help you address this challenging situation. Our experienced team is ready to protect your rights and safeguard your future. We can guide you through the legal process and handle your defense with care. Contact us today at (516) 212-4209 to discuss your case.

The Accuser Can’t Just “Drop Charges”

Domestic violence charges are serious criminal charges. Because of the dangerous nature of domestic violence, the state has strengthened arrest procedures, and New York law enforcement officers are now required to make a mandatory arrest when they have probable cause to believe that violence has occurred. 

The state brings criminal charges, so once the arrest has been made and charges filed, only the state can dismiss them. Despite popular belief, the accuser cannot just “drop charges,” and everything will go away. This leaves the defendant to face these domestic violence charges, regardless of whether they are true or not. 

Can You Be Charged With Domestic Violence Without Proof?

In New York, you can be charged with domestic violence even if there seems to be no clear proof initially. The police and prosecution may proceed with charges based on a complaint, witness statements, or visible signs of injury. However, for a conviction, the prosecution must prove the allegations beyond a reasonable doubt. This can be challenging if they lack concrete evidence, such as medical records, photos of injuries, or corroborating witnesses.

While charges can still be filed, the lack of strong proof could lead to the case being dropped or dismissed. It’s important to understand that the legal system allows for charges to be brought forward based on accusations alone. However, if the prosecution cannot gather sufficient evidence to support their case, they may struggle to secure a conviction.

If you’re facing a domestic violence charge, it’s crucial to understand the seriousness of the situation, as even without initial proof, the charges may still proceed through the court system. Consulting a skilled Nassau County domestic violence lawyer from Lebedin Kofman LLP can be beneficial in addressing these challenging situations and protecting your rights throughout the process. Contact us today to schedule a consultation.

How Do Domestic Violence Cases End?

There is no guarantee for domestic violence cases to be resolved in a particular way. Everything depends upon the circumstances surrounding the case and other aggravating circumstances. It is important to keep in mind that domestic violence cases seldom end in a trial.

If this is the first time you are facing accusations of domestic violence, it is unlikely for you to be tried. It is even better if this is the first time you have come in contact with the legal system. Your criminal defense lawyer may be able to help you reach a plea deal with the prosecutor. 

In many cases, the easiest solution may be to plead guilty before the court in order for the matter to be settled. However, this is not always the best option. Even if the case may not be straightforward, the plea you made can be used later to deprive you of access to your kids and other opportunities – such as affordable housing. An experienced domestic violence defense lawyer can give you tailored legal advice. 

At Lebedin Kofman LLP, we take the defense of an individual accused of domestic violence seriously. Our team of top-rated criminal defense lawyers works diligently to protect our clients’ rights and freedom. Contact us today to schedule a free consultation.

When Will the Prosecution Dismiss Domestic Violence Charges?

Although the state takes domestic violence charges very seriously, the courts do not want to waste time and money prosecuting false claims. There are instances when domestic violence charges may be dismissed before they get to trial.

• A lack of clear evidence: The prosecution will gather evidence to prove their case in court. But if this evidence is not clear cut, does not confirm the victim’s story, or there is simply no evidence to prove the defendant’s guilt, the prosecution may decide to dismiss the charges.
• A history of false accusations: If the state finds that the accuser has a history of making false domestic violence accusations, their case will likely not meet the burden of proof of the defendant’s guilt beyond a reasonable doubt, and the case will be dismissed.
• A lack of cooperation by the accuser: When the accuser recants their story or refuses to cooperate with the prosecution, it can mean several things. The accuser is a key witness for the prosecution, and when they no longer cooperate or follow the directions given them, the prosecution may be left to dismiss charges if they are unable to prove them without the accuser’s testimony.
• The domestic violence call was a mistaken report by a third party: If third parties such as neighbors or friends make a domestic violence call, it may be proven that the call was a misunderstanding. 
• Self-defense: If the evidence points to the fact that the accuser was actually the perpetrator of the violence, and the defendant was acting in self-defense, charges may be dismissed. 
• Contrary witness testimony: If there are witnesses who have no allegiance to either the accuser or defendant who can submit a statement that there was no domestic violence incident or that the accuser was the aggressor, this may weigh heavily in the defendant’s favor. 

The Difference Between a Case Dismissal and Dropped Charges

When someone gets in trouble with the law, they may hear the words “charges dropped” or “case dismissed.” While both are good news for the person being accused, these two situations often happen at different times during the legal process.

If charges are dropped, it means the authorities decided to not go through with the case. This can happen before or after the case has started. On the other hand, if a case is dismissed, it means it was thrown out after the charges were already filed.

Sometimes, no charges are filed at all, which is the best outcome for someone who has been arrested. It’s important to get a defense lawyer as soon as possible to help increase the chances of a positive outcome for the case.

Understanding these timelines may be able to help you get more favorable results. Speaking to an experienced criminal defense lawyer when facing domestic violence charges can help you understand the process.