Domestic violence is one of the worst offenses anyone can be charged with. It’s a crime in all 50 states and D.C., but whether it’s a felony or misdemeanor depends on the situation. Regardless, a person found guilty of such a crime can expect a hefty fine, lengthy jail time (between 30 days and 10-plus years), or both.
However, like other criminal offenses, a domestic violence charge can be dismissed or dropped. One recent example involved Kansas City Chiefs wide receiver Xavier Worthy, who was arrested for felony assault in Texas last March. After the charge was dropped, he countersued the plaintiff, his ex-fiancée, for fabricating it.
Now that you know that a domestic violence charge can be defeated in court, the next step is to learn how. Here’s a complete overview of domestic violence, from its legal definition to ways criminal defense attorneys contest it.
Defining Domestic Violence
U.S. law provides at least two legal definitions for domestic violence. The first comes from Section 12291(a)(12) of the Violence Against Women Act (VAWA), which states that it:
“…includes felony and misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding… (34 U.S. Code § 12291 – Definitions and Grant Provisions, n.d.)”
The second comes from Section 13700(b) of the California Penal Code, which states:
“…abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. (California Code, PEN 13700, n.d.)”
The VAWA definition encompasses a broader scope, not only including physical abuse but also psychological, economic, and technological abuse. However, the California definition defines abuse as “causing or attempting to cause bodily injury,” in which any type of abuse is capable of inflicting. It also applies to causing the victim to inflict self-harm.
Domestic violence affects an estimated 10 million Americans annually, including one in nine men and one in four women. The Department of Justice’s Office on Violence Against Women recognizes six common types of abusive behavior.
- Physical: hitting the victim or denying them medical care
- Sexual: coercing them into sexual contact without consent
- Emotional: unwarranted criticism, berating the victim’s worth
- Economic: restricting the victim’s use of their money or assets
- Psychological: threats to harm the victim or their friends or family
- Technological: using apps or devices to harass or harm the victim
Recanting the Victim’s Statement
Domestic assault or violence charges can be dropped for various reasons like insufficient evidence. One key piece of proof is the victim’s statement (also referred to as a victim impact statement). It can be written beforehand or spoken before the judge and jury and contains the victim’s account of events. Witnesses also prepare similar statements.
Given its importance, a recant or retraction of the statement can alter the dynamics of the domestic violence case. The plaintiff—and, by extension, the prosecution—loses a crucial piece of evidence. They then assess whether there’s sufficient evidence for a conviction.
However, criminal defense lawyers stress that the complainant withdrawing a domestic violence complaint doesn’t necessarily mean the charge is dropped. Apart from the prosecution’s remaining evidence being enough, the court may also suspect coercion. It pays to have an experienced attorney formulating a defense that adapts to the situation.
More importantly, and contrary to popular belief, the victim can’t drop a domestic assault charge. As domestic violence is considered a crime against society, not just against a person, only the prosecutor can decide whether to proceed.
A recant statement can still benefit the defendant in other ways. For instance, if the details are proven to be false allegations, the victim might face charges for perjury or lying under oath. Paired with a compelling defense, the prosecution’s case can be weakened.
Defense Strategies
As game-changing as it looks, a recanted victim statement is only one tool for a successful defense. A domestic violence attorney knows better than to focus on a single argument, which is why they gather as many supporting facts as possible. The more arguments the legal team can formulate, the higher its chances of getting the charge dropped.
Below are the most common defense strategies against domestic violence charges.
Contesting Inconsistencies
As mentioned earlier, a recanted victim’s statement can indicate that parts of it may have been falsified. But even without a retraction, defense lawyers can examine the claim and bring up inconsistencies.
In most states, domestic violence charges require a clear intent to harm the victim. As such, any harm done out of self-defense or by accident can’t be considered as one. This isn’t always easy to prove, as journalist and domestic violence author Rachel Louise Snyder explains that the accused has a duty to retreat before anything else.
The defense will also ask for clear evidence of injury, which prosecutors generally don’t require for filing a domestic violence complaint. These include photographs, medical records, and security footage, among others. A lack thereof strengthens the case against the accusation.
Plea Bargain
Pursuing a trial is expensive and time-consuming. Despite a decline in recent years, courts across the U.S. continue to struggle with years’ worth of backlogs. The time to settle a domestic abuse trial can range between a couple of months and over a year. The current shortage of lawyers, especially in rural areas, doesn’t help matters.
Because of this, about 90% of such cases end with a plea bargain. The two parties negotiate outside of the courtroom, with the accused agreeing to plead guilty for a less harsh sentence. After which, the court will bear witness to the plaintiff’s formal agreement to the deal via a plea hearing.
Other plea deals include being convicted of a less consequential charge or asking the prosecutor not to introduce other pieces of evidence. If the terms are agreeable, a plea deal can steer clear of the stress that comes with a trial.
While lawyers understand the need to take a plea bargain, they also advise caution. If the defendant’s case is strong enough to get them acquitted, taking a plea bargain means giving up such an advantage. In this case, lawyers often advise going to trial.
Fourth Amendment Violations
The Fourth Amendment guarantees protection against unreasonable searches and seizures. In the case of domestic assault, it involves scenarios such as arrest without probable cause or being read their Miranda rights.
Defense attorneys argue that any evidence derived from these scenarios violates the accused’s right against self-incrimination. By law, the court should deem the evidence inadmissible, even if it supports the victim’s claim. That’s one less piece of proof the prosecution can use.
Conclusion
A domestic assault or violence charge can be dropped, but only with a deep understanding of the law and a solid legal strategy. Changes on the prosecution side, such as the victim recanting their earlier statement, will work in the defendant’s favor.
