How to Get Domestic Violence Charges Dismissed

This guide discusses how to get domestic violence charges dismissed. Although every case is different, domestic violence cases are typically dismissed for several common reasons. This guide discusses those reasons.

If you are facing domestic violence charges in New York City, contact NYC domestic violence lawyer Cody Warner for a free consultation. We can discuss the particulars of your case and develop a strategy to get your charges dropped as soon as possible.

Typical Domestic Violence Charges

In New York, domestic violence charges don’t require actual physical contact or injury. If you are accused of threatening a family member or partner, the prosecution may charge you with domestic violence crimes.

Although New York has many domestic violence offenses, the most common charges are P.L. 120.00 Assault in the Third Degree and Aggravated Harassment.

Common Ways That Domestic Violence Charges are Dismissed

When domestic violence charges are dismissed, it’s usually due to one of the following reasons:

Uncooperative Complainant

Domestic violence charges often start from a heated argument between partners. Strong words are exchanged, maybe someone throws something at the other or pushes them. One party gets so upset that they call the police.

When the police arrive, the complainant gives them their side of the story. In the heat of the moment, the complainant may exaggerate what happened because they are upset and emotional.

Instantly, the defendant is arrested and processed through the system. As time passes and emotions cool, the complainant acknowledges that he or she exaggerated what happened, and they don’t want the defendant prosecuted. Even if the complainant didn’t materially exaggerate, the incident may have been minor, and the complainant does not want the defendant prosecuted.

Although the prosecution may try to move forward with the case without the complainant’s participation, it will be very hard for the prosecution to get a conviction. Oftentimes the charges get dropped when the complainant is uncooperative and does not want the defendant prosecuted.

Objective Evidence of Innocence

When objective evidence shows that the incident did not occur, then the prosecution will be likely to drop the charges. For instance, let’s say the complainant alleges that the defendant assaulted them at a certain intersection at a certain time. If video footage shows that the defendant and the complainant merely got into an argument but no assault occurred, the prosecution will likely dismiss the case.

Legal Insufficiency of the Allegations

Sometimes the allegations, even if true are insufficient to be a crime. For instance, if a person is charged with assault but no injury occurred, then the assault charge is legally insufficient, because assault requires physical injury to occur.

A common issue with harassment cases is that certain comments may be protected by the 1^st Amendment and do not rise to the level of a criminal threat.

If you are facing domestic violence charges, your lawyer can assess the allegations to determine whether you may have a winning argument to dismiss the case due to insufficient allegations.

Credibility Issues

Domestic violence cases often involve emotional complainants who have motives to lie or strong biases against the defendant.

For instance, if the complainant is separating from the defendant due to infidelity, the complainant could be so upset with the complainant that he or she distorts the truth about any incident. Further, if the complainant is trying to get alimony or child custody, he or she may have a motive to get the defendant criminally prosecuted, because it could be to the complainant’s advantage in collateral proceedings.

A skilled domestic violence lawyer can highlight these biases and motives to lie during the cross examination of the complainant. These issues can create reasonable doubt, which make it impossible for the prosecution to prove their case.

Need Help?

If you are interested in how to get your domestic violence charges dismissed in NYC, contact NYC criminal lawyer Cody Warner, P.C. for a free consultation. We can discuss your case and develop a strategy to get you the best possible result.