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 POSSESSION OF CONTROLLED SUBSTANCE AND INTRODUCTION OF CONTRABAND INTO DETENTION FACILITY CHARGES DROPPED MISDEMEANOR TRESPASSING CHARGE DISMISSED UPON COMPLETION OF MITIGATION PROGRAM

The Client was arrested for Trespassing in an Occupied Structure when the Client was at MacDinton’s Pub and security advised the Client to leave the facility. The Client allegedly attempted to re-enter the facility and
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CLIENT FACING FELONY AGGRAVATED ASSAULT WITH A DEADLY WEAPON CHARGE HAS CHARGE REDUCED TO BATTERY AND THEN DISMISSED UPON COMPLETION OF DIVERSON PROGRAM

The Client was involved in an incident where the Client allegedly struck a worker for a tree-trimming company with his vehicle when the worker was blocking the Client’s car when he was attempting to exit
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Felony Public Assistance Fraud Case Dropped

The Client was charged with public assistance fraud after allegedly using fraudulent qualification. After a successful plea negotiation, the Defense got the client into a diversion program, of which allows the charges to be completely
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