Why Victims Can’t Drop Domestic Assault Charges

domestic assault lawyer

Minneapolis Domestic Assault Lawyer

There is a long standing misconception that when it comes to domestic violence that those being charged with it can talk their way out of charges. Things got a little heated one night and before they realize it, they were under arrest for domestic assault. Now if they could make a quick call to the victim, they could apologize and clear up all the trouble. Yet, contacting the victim in these cases is definitely not recommended. Furthermore, it only hurts your case since a victim can’t actually drop the charges on their own.

In truth, the decision to take a domestic assault case to court is a decision that lies entirely with a prosecutor. Once law enforcement send a report to the district attorney’s office, the prosecutor will decide if they want to pursue the case. Even if a victim says that nothing happened, the police can still choose to send the incident report over to the prosecutor who can decide to pursue the case even without the victim.

As we all know, Minnesota takes domestic assault very seriously, often wanting to take a hard stance on it to encourage more victims, especially the long suffering ones, to come forward. As such, any domestic assault charges will only be dropped if the prosecutor either believes there is not enough evidence to proceed or that justice has been served. Although, even if the incident was a minor one, it is believed that even slight assault is a gateway into more serious incidents later.

Getting Domestic Assault Charges Dropped in Minnesota

Often when it is your desire is to have a domestic assault charge dropped, it depends on a number of circumstances. Typically, it depends on a lack of evidence. If a prosecutor can’t get a conviction for the assault and the victim isn’t exactly willing to press charges, they may not see any point in pursuing it. In this respect, you may want to look into the following in regards to your case.

  • Was There a Lack of Intention? – Mistakes do legitimately happen in domestic assault cases. Your neighbor may have heard you arguing loudly and called the police only to for them to find your spouse with a bloody nose. However, if it happened by accident, if both parties support that, it can make for a quickly dropped case.
  • Victim Statements – A victim cannot simply drop the charges, but they do have the right to be heard. The district attorney has a number of trained professionals to sit down with domestic assault victims to make sure they are not trying to get the charges dropped for some kind of misguided loyalty to an abusive partner. However, if it can be determined that they want the charges dropped and will not be cooperative, prosecutors can be left with little choice.
  • Inconsistent Statements – If either witness or victim statements remain inconsistent, it makes the domestic assault case increasingly difficult for a prosecutor. If the facts of a story keep changing, it will be impossible for someone to know what is true, and thus impossible to convict.

Need Help? Contact Kirk Anderson Today!

If you have been charged with domestic assault, it is likely that there were some signs of serious violence. As such, the prosecutor may look at you as an absolute villain, even if you are not. This is why domestic assault charges require a dedicated and stalwart defense. If you have been arrested, contact us today to let the Anderson Law Firm come to your aid. Domestic assault cases are complicated enough, and they are definitely not something you want to do alone without a lawyer by your side.

DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.