Will a victim recanting affect domestic violence charges?

On Behalf of | Jun 15, 2022 | Criminal Defense |

Domestic violence is one of the most prevalent forms of interpersonal violence. It occurs within families or between those who live together. It is so common that in many jurisdictions, it is one of the top kinds of calls that local police departments receive.

It can be hard to evaluate a situation involving emotional people and accusations of physical violence. Police officers often have to make a snap judgment with limited information when they respond to domestic violence calls. Sometimes, they make the wrong choice and arrest someone who is not a threat to anyone else.

They may do so based on the statements made by the way, which the victim later recants or withdraws. If the other party recanted their statement, will that play a role in your defense?

The state only brings charges when there is adequate evidence

It is a common phenomenon for the alleged victim in a domestic violence scenario to recant their statement, meaning that they retract their accusations of violence after someone’s arrest and arraignment with criminal charges.

In fact, this situation plays out so frequently that state prosecutors typically will not bring domestic violence charges against a defendant unless they have enough evidence beyond the victim’s statement for prosecution. That way, regardless of whether the victim changes their mind or not, the state to move forward with the case and not lose the resources previously invested.

Although someone changing their statements won’t necessarily mean the state drops the charges against you, it can help you build a robust defense strategy. Having the right response to domestic violence charges could help you avoid a conviction.