Domestic Violence Charges
Domestic violence is taken very seriously in the state of Indiana. There are certain factors that can lead to a domestic violence charge being treated as a felony or misdemeanor. Some of the mitigating factors include the following:
- Facts surrounding the domestic violence case,
- Severity of the injuries
- Prior history of domestic violence
Again, domestic violence in Indiana is taken seriously, whether the abuser is a male or female. A domestic violence charge in Indiana is a serious crime to be charged with committing. With that in mind, it is good to have a proper defense against domestic violence charges.
The Accuser is Uncooperative with the Prosecution
A significant reason the court dismisses domestic violence cases is when the alleged Accuser stops cooperating with the case’s prosecution. Therefore, when the Prosecutor does not get enough information to decide. This means that if the alleged victim does not provide enough details, the prosecution process may not be complete because of a lack of evidence and information. For instance, if another offends a person and presents the issue to the court, it is expected they follow-up with the prosecution. However, if they are uncooperative, the case will be dismissed based on a lack of enough information, evidence, and witnesses.
Nothing to Validate the Accuser’s Account
The lawyer representing the defendant must ensure there is validity for the victim’s account of the issue, which led to filing the case. This means that the lawyers must ensure that the victim can rely on proof or evidence to verify the incident. For instance, if the victim claims to have been physically assaulted, the lawyer should have access to images and medical records substantiating such a claim. Failure to have such corroboration, the court will dismiss the case.
The Accused Has an Attorney or 5th Amendment Advantage
If the accused already has a lawyer, they may not be available for prosecution, and so they may not provide the information for the trial to go through. In such a case, the court will dismiss the case.
The Accuser’s Attorney Persuades the Court that No Crime Happened
When the Accuser’s attorney emphasizes that no crime happened, they can prove that no crime occurred. If the Accuser called police officers, the Prosecutor could explain why the Accuser called when no crime occurred. In most instances, this happens when the Accuser had fabricated the allegations.
The Accuser Has a History of Making False Accusations
When the Accuser has a history of making false accusations or disavow the claims later, the court may dismiss any domestic violence by such persons and justify the dismissal by accounting for the Accuser’s false accusation history.
Erroneous Arrest or Report
When a witness reports an incident as domestic violence, they may have interpreted the incident from their experience after witnessing an incident. In such a case, the court dismisses such reports since they do not present the actual incident.
Prosecutor Dismisses the Case
If the Prosecutor believes that the case will not go through the trial or that they lack sufficient evidence, the Prosecutor can dismiss the case.
Lack of Persuasive Evidence
If the Prosecutor believes that the evidence is not convincing, they may dismiss the case until the Prosecutor finds convincing proof. When the victim tells many inconsistent stories, it may make the Prosecutor lose confidence in the case, hence dismissing it. When there is no standard story to the case, the Accuser fabricates the issue so that the Prosecutor will ignore it. Another reason the court will dismiss a domestic violence case is if the Accuser stands to gain. For instance, if the abuser plays victim to gain maliciousness, the Prosecutor can ignore such a case.
If You Need an Indiana Domestic Violence Attorney
If you need an Indianapolis, Indiana domestic violence lawyer to help defend against domestic violence charges in Indiana, call our office immediately. Time is of the absolute essence. Call us at 317-721-9858, we are here and ready to help with your domestic violence defense.