Domestic violence charges could be the result of a significant dispute between you and your spouse. They may have made allegations against you in the heat of the moment that resulted in your arrest and now in your prosecution.
On the other hand, your partner may have never intended for you to face legal or criminal consequences. It could have been a nosy neighbor that called the police and caused your arrest. If the police officers who responded to the call determined that there was probable cause to suspect domestic violence, they may have arrested you despite your claims to the contrary.
Now that you find yourself facing criminal charges, your partner may have recanted their earlier claims or offered their help as you plan your defense. Can their testimony play a role in your case?
Domestic violence cases often do not depend on the victim
In many scenarios involving accusations of violent criminal offenses, the claims made by the victim in the case will be very important for the prosecution. Their version of events or ability to identify their attacker could play a major role in proving that the defendant is the one who hurt them.
However, there is a very strong and established precedent of those involved in domestic violence cases recanting their statements to police. Sometimes, they recant their statement because they said something inaccurate, and other times, they do so because of coercion or desperation.
Prosecutors typically only bring cases related to domestic violence when they feel strongly that they can move forward without the cooperation of the alleged victim. In other words, the victim simply recanting their statement may not result in the state dropping the case against you.
A successful defense is still possible
While testimony by the other person involved in the incident may not be sufficient to eliminate the risk of prosecution, it could help you as part of a broader criminal defense strategy. Statements showing that police misinterpreted the situation could help when combined with other efforts to prove your innocence.
Mounting a strong defense against domestic violence charges often requires that you first understand what defense strategies will likely not work. Thoroughly reviewing the evidence gathered to support your prosecution can be a crucial starting point as you develop your defense strategy.