Why Can’t The Victim Drop The Charges?

If you are arrested and charged with a crime of domestic violence in Florida, it is crucial that you take the situation seriously, as conviction can mean not only prison time, but a host of other consequences. In this situation, it is not uncommon for a defendant to simply try and get their alleged victim to drop the charges – but by state law, this is not actually possible, and attempting it can get you more criminal charges and a higher chance of conviction.

Domestic Violence Defined

Domestic violence in Florida is not a specific crime; rather, it is an umbrella under which several offenses are tried if they are perpetrated against a specific person. The statutory definition holds that a domestic violence crime is any criminal offense that results in “physical injury or death” to a “family or household member.” A ‘family or household member’ is a status explicitly defined in the statute, and it includes:

• Spouses;
• Ex-spouses;
• Unmarried co-parents;
• People related ‘by blood or marriage;’ and
• People who are (or were until recently) living together as a family.

If you and your alleged victim do not share one of these relationships, it is less likely you will be tried for a crime of domestic violence, and your alleged offense would fall under another category. If your offense is determined to be one of domestic violence, your alleged victim’s evidence will usually be the primary evidence against you at trial.

Do Not Contact The Victim

It is perhaps understandable for the average person to think that a simple discussion with their alleged victim will result in the charges being dropped. While a victim may choose not to cooperate, the decision of whether or not to prosecute a case in reality lies solely in the hands of the state’s attorney. It is not unheard of for a state’s attorney to continue a prosecution without the victim’s cooperation, though the decision will almost certainly be context dependent.

If your alleged victim has a domestic violence injunction (DVI) against you, it is even more dangerous to attempt to try and contact them. Violation of a DVI is a crime in itself, and if you are caught, you may wind up with additional jail time if convicted. In the most extreme situation, you may even be charged with witness tampering if you attempt to threaten your victim into withholding their cooperation. It is far better to let your attorney do the talking, so to speak.

Contact A West Palm Beach Domestic Violence Attorney

Being charged with domestic violence is an event no one ever wants to experience – but if you have, the right legal help can make all the difference. A West Palm Beach domestic violence attorney from Perlet & Shiner, P.A. will work with you to ensure that you get your day in court. Call our office today to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html