Domestic violence charges are not uncommon and can result in significant penalties if a person is convicted. When an incident of domestic violence occurs, law enforcement officials typically arrest the perpetrator of the assault. However, what often happens is that the victim of domestic violence does not want to pursue charges against the perpetrator. Here, we want to discuss what happens when an individual victim does not want the perpetrator to face charges, as well as how this can affect the overall outcome of a criminal case.
Who Presses Charges for Domestic Violence?
It is important to point out that law enforcement officials make an arrest and prosecutors bring charges against individuals accused of domestic violence in Arizona. Suspected crime victims are not responsible for pressing charges. Even though it seems like domestic violence victims should be able to decline pressing charges if they change their minds after an incident occurs, that is not the case. After a person calls the police or someone else calls the police to report domestic violence, the situation is out of the victim’s control for the most part.
If a police officer believes that a crime has been committed, they will arrest the alleged offender. They will do so regardless of whether or not the victim expresses a desire to press charges.
How Will a Victim’s Unwillingness to Cooperate Affect the Case?
Since crime victims are not responsible for pressing charges, they are also not responsible for dropping charges. An alleged domestic violence victim can call law enforcement officials or the prosecutor’s office and inform them that they do not wish to press charges, but this may not influence the prosecutor’s decision.
What can hinder a case is the domestic violence victim’s unwillingness to cooperate after charges have been filed. There are various types of evidence that can be used against a person who is allegedly committed domestic violence. These cases often do rely on the testimony of the domestic violence victim. By refusing to cooperate as a witness, the victim may well hinder the case to the point where prosecutors decline to pursue the case, or a judge dismisses the case because there is insufficient evidence.
It is important to understand that there are often other types of evidence used in these cases, and prosecutors can move forward without witness testimony. Some of these other types of evidence can include medical records, photographs of the injuries, photographs from the scene of the incident, police reports, and testimony from other eyewitnesses. However, the testimony of the alleged victim is usually the most compelling, and the absence of this evidence could put a dent in the case.
Contact a Domestic Violence Defense Lawyer Today
If you have been charged with domestic violence in Arizona, you need to speak to a skilled Chandler criminal defense lawyer immediately. The term “domestic violence” is broad, and it can be applied to a number of charges in this state. Individuals convicted of any number of charges with a domestic violence designation attached could face significant penalties, including time in jail or prison, major fines, and a significantly damaged reputation. An attorney can conduct an independent investigation into the case and build a solid defense on your behalf.