Attorney Christian A. Straile, LLC
Available 24/7 | Hablo Espanol :

Criminal Cases of Domestic Battery - Can the Victim Drop the Charges?

In the context of criminal domestic battery or domestic violence, a question often asked is whether a victim can drop the charges. The short answer is No. Only a prosecutor has the discretion whether to charge a person with a crime. The victim to a domestic battery can request that the State not press charges, however it is simply a request.

Recently a case wherein the victim requested to have charges dropped was litigated and the defendant was convicted. Not only did the State prosecute notwithstanding the victim's request to drop the charges, the State had the alleged victim declared a hostile witness and then sought to introduce her written statement as an exception to hearsay. The live testimony in that case was "I do not recall".

The government's theory was that the written statement MUST be true because it was written closer to the time of the alleged event. Obviously, it could also be that the witness chose "I do not recall" because the written statement was a lie. The written statement was shown to the jury and the defendant was convicted. The defendant appealed that the jury saw the victim's written statement and lost that too.

Just because the alleged victim says that they will ask to have charges dropped or not filed, that does not mean the Defendant should proceede without a lawyer.  A criminal domestic lawyer may still be required to assist in a domestic violence or battery. In criminal cases, if a person cannot afford a lawyer, then a lawyer should be appointed.  Domestic battery can be a felony or misdemeanor, and either way has far reaching consequences. Nobody should fight against the government alone. If you or a loved one has been accused or arrested in a case regarding domestic violence or battery then click, call or fill out the form to hire a lawyer.

Gainesville 352-371-9141

Ocala 352-694-4529

No Comments

Leave a comment
Comment Information
Email Us For A Response
Firm Logo Small

Learn How I Can Help You

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Gainesville Office
1031 NW 6th Street
Unit A-2
Gainesville, FL 32601

Phone: 352-371-9141
Fax: 352-371-9142
Map & Directions

Mailing Address
PO Box 5355
Gainesville, FL 32627

Phone: 352-371-9141

Ocala Office
108 N. Magnolia Avenue
Suite 501
Ocala, FL 34475

Phone: 352-694-4529
Map & Directions

  • Location
    Mailing Address
  • Location
    Gainesville Office
  • Location
    OCALA - By Appointment