Facing a domestic violence charge can be frightening and life-altering. It can have significant ramifications on your life – from your job to your relationships to your future. There can also be a lot of stigma attached to a DV charge.
If you find yourself accused of domestic violence, you may be wondering what your options are to get the charges reduced or even dismissed. After all, even if your partner or family member wants to drop the charges, it’s up to the state on whether or not to prosecute. Having a skilled and dedicated criminal defense attorney in your corner to figure out the best strategies for your specific case can mean all the difference.
This article will walk you through some of the common ways domestic violence charges can be reduced or dismissed.
Domestic Violence Law in Tennessee
Under Tennessee law (T.C.A. § 39-13-111), a “domestic abuse victim” is defined as:
- Adults or minors who are current or former spouses
- Adults or minors who live together or who have lived together
- Adults or minors who are dating or who have dated or who have or had a sexual relationship
- Adults or minors related by blood or adoption
- Adults or minors who are related or were formerly related by marriage
- Adult or minor children of a person in a relationship that is described above
Any assault made against someone who fits one of these definitions is considered a domestic assault. This includes both simple assault and aggravated assault. Violating a protection order, stalking, endangerment, or any other forms of harassment can also be classified under domestic violence.
Many domestic violence offenses are charged as felonies and carry severe consequences, such as years of jail time and hefty fines. Even a domestic violence misdemeanor can mean time in prison, probation, required counseling, and other consequences that will go on your criminal record.
- Challenging the Evidence
One of the most powerful ways to dismantle a case for domestic violence is to directly attack the evidence against you. The prosecutor bears the burden of proving your guilt beyond a reasonable doubt, so if holes can be poked in the evidence to inspire that doubt, it increases the chances of getting the case dismissed.
Often in domestic violence cases, the alleged victim’s statement is the most compelling piece of evidence. If the alleged victim plans to recant their statement, refuse to testify at trial, or otherwise declines to cooperate with the investigation, this could severely undercut the prosecution’s case. Similarly, inconsistent accounts given by witnesses or a lack of evidence of criminal intent can weaken the case against you. Furthermore, if there is clear evidence that the accusation of domestic violence was false or fabricated, then your attorney has strong grounds for dismissal.
A comprehensive look at the evidence can give your attorney a solid foundation for which to attack the case against you.
- Working with the Prosecutor
Since a criminal domestic violence charge is brought by the state, not an individual, negotiating with the prosecutor of your case is a powerful tool to get you a better result. As mentioned above, the state faces a high bar to convict, so bringing weaknesses of the case to the prosecutor’s attention could make them rethink their chances of success. For example, if there are questions of the alleged victim’s or witnesses’ credibility, this could undermine the prosecution’s whole case and make the state more open to negotiation.
It’s important that your criminal defense attorney has a good reputation with the prosecutor’s office for such conferences to go smoothly. They could bargain for a reduction of charges, for the charges to be dismissed upon completion of a diversion program, or even dismissed for lack of evidence.
- Utilizing Affirmative Defenses
Under Tennessee law, there are certain defenses you can raise at the offset to attack the charges against you. We have mentioned a couple in this article already, like lack of criminal intent to harm the alleged victim and false allegations of violence. It’s key to talk openly and honestly with your defense attorney about your case to see if any affirmative defenses apply to your case, lest you fail to timely raise them and lose that defense altogether.
One such affirmative defense is self-defense. This means that you used an appropriate amount of force to defend yourself against violence initiated by the alleged victim. What constitutes an appropriate amount of force depends on the case and on the amount of force the alleged victim themself was using, but it is worth noting that using deadly force is generally never considered appropriate unless being met initially with deadly force.
- Putting Your Best Foot Forward
One of the worst things you can do when facing a domestic violence charge – or any criminal prosecution, for that matter – is to not be attentive, respectful, and on top of your own case. Showing up for your hearings, being proactive in assisting your lawyer, and completing any required assessments can go far in showing a judge that you are giving these accusations the gravity and attention they deserve.
You can help your attorney in building the strongest defense possible, too. Your lawyer will likely ask uncomfortable questions about the incident, but it’s important to be honest and forthcoming as the details will help build your case and prevent surprises. Putting together a list of possible character witnesses – people who can attest to your nonviolent reputation – could also prove helpful. The bottom line is that you want to take this seriously and that not doing so can put your whole case at risk.
How We Can Help
Don’t fight for yourself alone. A domestic violence charge can have overwhelming consequences for your life and your future. When you have an advocate with comprehensive knowledge of Tennessee law and experience getting clients the best possible result for their unique case, you can proceed with confidence and increase the likelihood of getting those charges dropped.
If you’re facing a domestic violence charge, contact PNC Law today at (615) 785-2000 or at philip@tncriminaldefenseattorney.com.