Domestic violence is a serious issue. According to the National Coalition Against Domestic Violence, 1 in 4 women and 1 in 9 men experience severe physical violence, sexual violence, or stalking by an intimate partner, often resulting in injury, fear, PTSD, and other severe impacts. In Florida, 37.9% of women and 29.3% of men face such violence in their lifetimes.
While domestic violence charges in Florida are serious and the safety of victims is of utmost importance, there are also instances where individuals are falsely accused, or the full story isn’t clear. The process is complex and not always straightforward. These situations require careful legal examination to ensure that justice is served fairly.
At Fletcher & Fletcher, our domestic violence lawyers will help you navigate the legal process and understand the implications of domestic violence charges. Rick and Jenna Fletcher provide compassionate support and guidance to help you through this challenging time.
Understanding Domestic Violence Charges in Florida
Florida Statute 741.28 defines domestic violence as any criminal offense resulting in the physical injury or death of one family or household member by another. This includes:
Common Examples Where the Accuser May Want the Charges Dropped
Alleged victims of domestic violence may want charges dropped for various reasons, including:
- The alleged victim was intoxicated during the incident.
- The alleged victim slipped, tripped, or fell, leading to a misunderstanding.
- It was a mutual confrontation.
- The alleged victim’s emotions clouded their understanding of events.
- The alleged victim realized the accused acted in self-defense.
- The alleged victim and the defendant want to repair their relationship.
- The alleged victim and the defendant have family or financial ties.
Domestic violence is taken very seriously in Florida. If you are facing charges, consult a criminal defense attorney in Florida immediately.
Can An Alleged Domestic Violence Victim Drop Charges in Florida?
In a typical domestic violence situation, if your spouse or partner threatens or harms you and the police are called, they will gather evidence, take statements, and possibly have you sign an affidavit. Based on probable cause, the police may file charges and make an arrest.
Once an arrest is made, the case is controlled by prosecutors, who aim to ensure the alleged victim or accuser isn’t coerced into dropping charges.
They might feel conflicted about the legal consequences for their loved ones and wonder if they can drop the charges. However, once the state presses charges, alleged victims or domestic abuse accusers do not have the authority to drop them. Dropping domestic violence charges will have to go through an extensive examination of the case.
If the accuser wishes to drop charges, they can file a notarized ‘Waiver of Prosecution.’ This document, also known as a ‘Request Not To Prosecute,’ can influence the case but is not the sole deciding factor in dropping domestic violence charges.
Can Misdemeanor Domestic Violence Charges Be Dropped?
Misdemeanor domestic violence charges can be dropped depending on various factors. Here are key points to consider:
- Lack of Evidence: Charges may be dropped if insufficient evidence proves domestic battery. For instance, if one spouse accuses the other, but there isn’t enough evidence to support the claim, the charge could be dismissed.
- Innocence: If the defendant is innocent, charges could be dropped. The defense attorney must prove innocence, such as in cases where a verbal argument occurred without bodily harm. False claims of domestic violence can lead to prosecution of the accuser.
- Agreement to Programs: Charges might be dropped if the defendant agrees to complete an anger management course, counseling sessions, or a similar program. This requires the prosecutor’s agreement.
The possibility of dismissal depends on the specifics of the case and the defendant’s criminal history.
Can a Felony Domestic Violence Charge Be Dropped?
Dropping felony domestic violence charges is more challenging but possible under certain circumstances. Key points include:
- Comprehensive Case Analysis: A criminal defense attorney must thoroughly examine the details, including the extent of injuries and available evidence.
- Alleged Victim’s Affidavit: While the alleged victim cannot drop charges alone, they can file an affidavit stating their wishes. This may influence the case but is not usually sufficient to dismiss felony charges on its own.
- Mutual Accusations and Evidence: Mutual accusations, individual testimonies, video evidence, and witness statements can impact the possibility of dropping charges. Evidence proving the defendant’s innocence can also lead to charges being dropped.
The severity of the injuries, the specifics of the case, and the defendant’s criminal history are crucial factors in determining the potential for reducing or dropping charges.
Prosecutorial Discretion and Legal Criteria for Domestic Violence in Florida
Prosecutors in Florida have discretion in deciding whether to pursue domestic violence charges. Here are key points to consider:
- Case Facts: Prosecutors analyze the details of the incident, including evidence of injuries and their severity. They also consider any history of abuse or other violent crimes between the individuals involved.
- Alleged Victim’s Involvement: While the alleged victim’s desire to pursue charges is considered, they cannot drop charges on their own. Defendants should not attempt to influence the accuser, as this could lead to additional charges, especially if a no-contact order is in place.
- Prosecutorial Role: Prosecutors advocate for victims and carefully evaluate all aspects of the case when deciding whether to drop charges or proceed with prosecution.
Misdemeanors are dropped more often than felony domestic violence charges. Serious crimes involving violence or sexual abuse cannot be reduced to misdemeanors. Depending on the circumstances and the severity of injuries, a felony charge may potentially be reduced or dropped.
Navigating the process of dropping domestic violence charges is complex and requires thorough legal guidance to ensure the best possible outcome.
The Impact of Dropping Domestic Violence Charges on Your Criminal Record
When domestic violence charges are dropped, it affects your criminal record and future opportunities, as well as your societal interactions.
- Record Clearance: Dropped charges will no longer appear on your record if there was no guilty or no-contest plea. Often, completing a diversion program is necessary to remove the arrest from your record, which a defense attorney can help arrange.
- Future Opportunities: Clearing domestic violence charges from your record can improve your chances of obtaining and retaining employment, securing safe housing, and enhancing your relationships within the community.
- Mutual Benefits: In cases of misunderstandings or successful rehabilitation through a diversion program or counseling, both the accuser and the accused can experience positive outcomes.
Engaging a seasoned criminal defense attorney is essential as they can present you with the available legal options for your domestic violence case in Florida.
Contact Fletcher & Fletcher Domestic Violence Attorneys
Professional legal guidance is crucial in domestic violence cases, impacting everyone involved. Don’t hesitate—take action now.
Our attorneys at Fletcher & Fletcher have a strong track record of defending clients with domestic violence charges across Pinellas County. We will help you navigate this difficult situation, communicate with the prosecuting attorney, and advocate for you in court. We will stand up for your rights and protect your best interests.
