In the middle of a heated argument, we may say or do something that we soon regret. Making empty threats, losing control, or lashing out against someone can happen in a split second. Unfortunately, these actions may carry lasting consequences, including criminal charges. But what if the alleged victim exaggerated the series of events or even outright lied about you threatening or causing them physical harm? In cases of domestic assault, the words and claims of the alleged victim carry immense power. Should this individual decide to change their story and take back the allegations, your future still remains in the hands of Texas prosecutors. So, while an alleged victim of domestic violence may attempt to have the charges against you dropped, it’s up to the State to make the ultimate decision.
Understanding the Criminal Justice Process in Texas
When someone calls to report an instance of domestic assault, the responding officer will assess the situation and use the account of the alleged victim to determine whether to make an arrest. From there, it’s up to law enforcement officers and prosecutors to determine whether to proceed with a criminal case against the alleged perpetrator. While the alleged victim’s account and statement are important elements of the case, it’s up to the State to determine its course and outcome.
When the Victim Wants the Charges Dropped
There are times when the alleged victim decides not to pursue domestic assault charges. However, if they made the initial complaint and later wish to recant—essentially, to take back their original statement—doing so will not compel the charges to be dropped. Prosecutors will have investigated the allegations and looked for additional evidence, so they may still elect to proceed with the case, even without the testimony of the alleged victim. It’s also crucial that you understand that any attempt on your part to encourage the alleged victim to recant could result in additional charges. If they come to the decision to take back their statement on their own, they may notify the prosecution and the defendant’s criminal defense lawyer to explore their options. Depending on the specifics of the case, the alleged victim may establish a new sworn statement detailing a more accurate account of the events or simply sign a statement that they do not wish for the prosecutor to pursue the charges.
Crafting an Effective Defense Strategy
Facing criminal charges of any kind can be stressful, especially if the case against you hinges on the inaccurate or exaggerated testimony of another person. As soon as you know that you may be facing domestic assault charges, it’s in your best interest to contact an experienced criminal defense attorney who can get to work on your behalf. There are a variety of legal strategies that may be used to have the charges against you reduced or dismissed so that you can get your life back on track.
For seasoned and effective legal representation regarding a domestic assault charge in the Pearland or surrounding areas, call the Law Offices of Keith G. Allen, PLLC today at (832) 230-0075 to arrange a free consultation.