Getting assault charges dismissed isn’t exactly easy, but it can be done under the right conditions. The courts must consider not only the fact that an assault occurred, but
- how it occurred,
- the reliability of the individual alleging assault, and
- what the circumstances behind the assault were.
Getting assault charges dismissed can be complicated so contact an skilled assault attorney today.
In cases of domestic violence, it is even more complicated. When there is one individual who is very clearly beaten to a pulp then it may not be so difficult to parse out what happened, but more often than not there are no clear physical markers of the assault or both parties appear to have sustained minor injuries.
In that case, the police will always (always!) remove the man from the situation. Even when it is clear that the man has been bruised or bloodied by the woman. Why? The police don’t make a determination as to the guilt or innocence of either party. Their job is to protect those who might be vulnerable. In most cases, the woman is more vulnerable than the man.
So what can you do? Well, with the help of an attorney, getting the charges dropped may be easier than you think. Police will charge individuals with crimes for any number of reasons. In some cases, if they don’t like someone’s candor, they may slap them with several charges including assault, battery, and making threats. A charge is not the same as a conviction.
How to Get Assault Charges Dropped
The prosecution has wide discretion when it comes to charges of domestic violence. In cases where there was a fight outside a bar or one individual attacks another individual, it may be very difficult for the prosecution to press charges without a willing complainant or witnesses.
That is not necessarily the case with domestic violence. Prosecutors can and will prosecute cases where the alleged victim of the assault refuses to testify against her boyfriend, lover, or husband. It’s more difficult, but it’s still possible.
The following information can be helpful to those charged with assault:
Evaluate what evidence they have
In many cases, the police and the prosecution don’t have much evidence at all. They think they can leverage a cheap conviction by offering a plea. You should consult with an attorney before accepting a plea agreement.
Plea agreements are the same as convictions. You will have the assault on your criminal record for the rest of your life. It will show up in background checks unless it is somehow sealed. Your first order of business will be to determine what sort of evidence they have against you.
Evaluating their interpretation of that evidence
Chances are, if you are a man who is living with a woman, you will be charged with assault even if you retaliate or defend yourself against the woman’s attacks. That doesn’t mean you are guilty. You can claim self-defense as a defense against an assault charge. This is especially true when the woman is brandishing a weapon.
The problem with many assault cases in which a woman attacks a man is that the man responds with a completely unnecessary level of force. In that case, it can be difficult to prove self-defense. If the threat was neutralized and you continued to assault someone, that will still be considered assault.
Evaluating the credibility of the complainant
The complainant (the individual claiming that they have been assaulted) is the core of the prosecution’s case against you. If they are not credible or they have a history of filing false charges in similar situations, then your attorney can attack the credibility of the witness.
Getting Assault Charges Dropped: How Charges Work
Police charge suspects with crimes. It is up to the prosecutor to evaluate the case and determine whether or not they will pursue a jury trial. In most cases, they will offer a plea, but if you and your attorney maintain your innocence, they may not believe that taking the case to trial will be worth the cost or effort. In some cases, they will allow you to plea the charges down to disorderly conduct.
Talk to a Colorado Criminal Defense Attorney
Depending on the nature of the offense, assault charges can be quite serious. Having an attorney manage your case ensures that the prosecution can use the law to unfairly or abusively. The office of Miller Leonard, P.C. has experience managing assault and domestic violence charges. Contact us early in the process and we can help you build a sound defense.