Common Reasons Why Battery Charges Are Dropped Part 2

In part one of our two-part series, we discussed the difference between assault and battery and the possible defenses someone could use to fight a charge against them. In this section, we’ll continue our list of defenses and determine whether a victim can request to have a battery charge dropped against a defendant.

Defense of Others

Similar to self-defense, if you got involved in an altercation in an effort to protect someone, a skilled attorney can look at the specifics of the case to determine if you had reasonable grounds to defend the victim.

Stand Your Ground

Florida “Stand Your Ground Law” justifies a person’s use of force to protect and defend themselves as well as others against threats or physical acts of violence. The key element in stand your ground is the person’s right to use force without retreating whereas in states that don’t have the law, a person is required to retreat before attempting to defend themselves.

False Accusations

They say you’re guilty of the crime, but you contend that you’re innocent. It’s an unfortunate reality that sometimes the innocent are convicted of a crime they never committed. This is why representation by an expert battery lawyer in Tampa is vital. A skilled attorney knows how to poke holes in the alleged victim’s story if witness statements or evidence doesn’t support their account of the incident.

Can a Victim Drop the Charges?

The victim of an alleged act of violence may decide that they don’t want to press charges. A common scenario where this happens is in domestic violence cases. If domestic violence occurs between two spouses and the police get involved, the victim of the alleged act should know that crimes are governed by the state. This means that regardless of whether the victim presses charges or requests that the charges be dropped, the state ultimately has the power to drop the charges or to prosecute. If a victim recants statements made to law enforcement, they could potentially face serious consequences.

For a free consultation with an experienced battery lawyer in Tampa, please contact The Rickman Law Firm today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Case Results

FELONY DOMESTIC BATTERY CHARGE REDUCED TO MISDEMEANOR AND CHILD ABUSE CHARGE DISMISSED

The Client was arrested for Domestic Battery and Child Abuse, both of which are third degree felonies. Even though this was not the first time the Client was charged with Domestic Battery, Attorney Anthony Rickman
Show More

NO CONVICTION FOR POSSESSION OF MARIJUANA AND DRUG PARAPHENALIA CHARGES

The Client was charged with Possession of Marijuana and Possession of Drug Paraphernalia. Attorney Anthony Rickman was able to avoid a conviction on the possession charge and a Nolle Prosse on the Possession of Drug
Show More

MISDEMEANOR CHARGES DISMISSED

The Client was charged with Resisting an Officer Without Violence, Trespassing and Disorderly Conduct. Attorney Anthony Rickman was able to convince the State to not file charges for the Disorderly Conduct charge and the case
Show More