If you are accused of domestic violence, you could be facing some serious consequences including large fines, jail time, and loss of privileges. However, not all individuals accused of this type of crime end up dealing with repercussions or having the charge on their record.
Following are certain situations that will put you at an advantage and increase your chances of having the criminal charges dropped.
Insufficient Evidence
Evidence is the backbone of any case. If there is not enough evidence to prove that any domestic violence or assault was committed, or if it can be proved that the evidence is faulty, there’s a chance your charges will be dropped.
The prosecutor may also deem that there was no willfulness in the crime, meaning that the violent act was done completely by accident and the person committing it had no purposeful intention of doing it. If the victim is found to be not a credible source, or vital evidence appears to be missing, you may be acquitted.
Conflicting Statements
Inconsistent or conflicting statements in a case is a huge red flag to the prosecutor. The victim may make an initial verbal statement, and then later a written statement, and if there are major inconsistencies between the two, there is reason for reconsideration. It’s possible that any witness statements may also be vastly different from victim statements.
Sometimes, the victim’s statements may all contain the same information, but be completely inconsistent with injuries or evidence.
No Independent Witnesses
It’s not uncommon for there to be no witnesses during a domestic violence or battery case. A lack of witnesses absolutely does not mean the defendant will automatically be acquitted. However, if there was a lack of witnesses combined with a lack of evidence, inconsistent statements, lack of injury, or sustained injuries not matching up with statements, then it can certainly lead to dropped charges.
Request Letter Written By Attorney
Even after a defendant has been charged, their attorney can write a compelling letter to the prosecutor. This letter can explain why evidence is insufficient or if there’s considerable and reasonable doubt that their client has committed any domestic violence crime.
Some points that the attorney may put in the letter include: a lack of evidence or injuries on the victim, reasonableness of the defendant’s statement at the scene, inconsistent or unreasonable victim statements, victim’s lack of credibility, motivation by the victim to allege the defendant, or the victim’s refusal to testify.
Contact Our Law Office Today For Superior Legal Advice
Even if none of these facts stand true in your case, if you were convicted of domestic violence, you’ll have the highest odds of beating your case if you work with our skilled attorneys. Our dedicated team will stand by your side throughout the whole process and is ready to provide tough defense and aggressive representation.
To set up your initial consultation with our domestic violence lawyers in Austin, Texas, give us a call today.
Houston Office: 3663 N. Sam Houston Parkway East, Office 607, Houston, TX, 77032 713-984-4724
San Antonio Office: 3107 Broadway Street, San Antonio, Texas 78209. 210-807-8656
Austin Office: 2025 Guadalupe Street Suite 260, Austin, Texas 78705. 512-982-4798
