Common Reasons Why False Domestic Violence Charges Are Dropped
Domestic violence incidents are all over the place, in that some cases involve unquestionable abuse and then there are instances of false accounts. For this reason, every domestic violence arrest doesn't lead to a formal charge and conviction, especially when the claim is not valid. If you're innocent, learn about some of the instances when this type of charge can be dropped.
Varying Accuser Accounts
Domestic violence cases are typically built upon the statement of the accuser of the assault. From this statement, the prosecution gets an account of how the assault happened and what actions the aggressor took. Because this statement is so critical to the case, it must be accurate and consistent. Problems with a case arise when the accuser gives a varying account of what happened.
For instance, the accuser might say that you hit them at the time of arrest and later on say that you didn't hit them; the two of you were just shouting. Anytime the accuser changes their story, it brings into question the validity of everything they are saying.
Lack of Evidence
Again, there are plenty of domestic violence cases that are centered solely on hearsay. However, when it comes to the freedom and criminal record of the accused, there must be evidence. For example, if the accuser claims that they were physically assaulted, there should be some form of bodily injury to support their claim.
When an accuser is claiming a violent physical attack, but there is no evidence of such an event, it brings into question how truthful their claim is. If someone has falsely accused you of abuse and there is no evidence, it's much easier for your attorney to argue for the charge to be dropped.
The overall record of the accuser is also a factor that can help you have your charge dropped when you've been falsely accused, especially if there are other holes in the case. For instance, consider an instance when an accuser claims they were violently attacked, but there is no physical evidence.
To add to the matter, the individual made a false claim of abuse a few years back against another person. In this type of scenario, the lack of evidence and the questionable record of the accuser makes their story problematic. An attorney can use this type of discrepancy to clear your name.
Make sure your case is handled correctly. Contact a domestic violence attorney who can review your situation and work to get your charges dropped.