What are Some of the Critical
Steps Lawyers Take to Get Domestic Assault Charges Withdrawn?
You need to be aware of the fact that after charges of domestic assault are laid, the complainant cannot simply ask the police to drop the charges. This authority to drop the charges or proceed with the case solely lies with crown attorney. As such it is important for someone facing domestic assault charges to appoint an experienced domestic assault lawyer so that all the intricate details of your case can be analyzed and a strategy can be developed to get the charges withdrawn. This is the topic we will be covering in the following sections and look at various steps lawyers take to get charges of domestic assault dropped.
What are some of the situations where crown attorney may give his consent and withdraw the charges?
Situation #1: Crown attorney will show willingness to withdraw the case if your domestic assault lawyer is able to highlight the fact that alleged victim is interested in regaining contact with her spouse.
Situation #2: It will also be necessary to show that complainant is not scared that her partner will try to harm her in future. Some of the important aspects crown attorney will look into in this respect would consist of:
- Length of relationship
- No previous 911 calls
What steps lawyers take to prove that the incidence was a one time occurrence?
Proving One Time Occurrence
Another strategy your domestic assault lawyer will utilize will involve proving the fact that it was a one time occurrence and completely out of character of accused person.
Example #1: As for instance, it is possible that there was some type of very unusual financial, family or other kind of stress that resulted in an argument which went out of control.
Example #2: Similarly, it is possible that the incident occurred because of alcohol consumption by accused person. In such situation domestic assault lawyer will try to emphasize the fact that accused will be benefiting from some type of alcohol counseling, which will help in preventing re-occurrence of such incident in future.
Example #3: Likewise, the cause of domestic violence could be a financial decision which was taken without consent of accused person and the person reacted violently. Here your lawyer will highlight importance of accused joining any anger management course which will help him control his anger and react in a better manner to such incidents. Thus, main focus of domestic assault lawyer will be on highlighting the fact that the main reason which resulted in violent incidence of domestic assault is being adequately addressed. Your lawyer will try to assure crown attorney that decision of withdrawing the charge will be right and crown will not have to face criticism in case accused gets involved in a domestic assault case the second time. Everyone examining the case after taking all circumstances into consideration should consider withdrawal of charges as a reasonable deal.
Preparation of Documentation
Here it will also be the responsibility of domestic assault lawyer to prepare detailed documentation about:
- Background of accused person.
- Steps which have been planned or already taken for resolving issues which resulted in incident of domestic assault.
To summarize it can be said that if you seriously want to get your charges withdrawn then it will be necessary to utilize services of a competent domestic assault lawyer.