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How to beat a domestic assault charge?

Hazelwood, MO |

The cops were called but I never choose to fill out a report however my bf is still facing domestic assault charges. How can we beat these charges?

We have been summoned to court and we aren't sure if I should come along to help his case or stay back. Or what needs to be said so that the charges can be dropped.

Attorney Answers 6


  1. The last time we handled a case just like this here in the St. Louis area - where cops were called for a domestic issue, they wrote a report, charges were filed, and the girlfriend claimed after that her boyfriend never actually struck her - we were able to get the charges dismissed after deposing the officers. The key is that you need to hire an experienced criminal defense law firm that knows how to handle the ins and outs of a case just like this. Even without your cooperation, understand that they may still wish to pursue the charges against your boyfriend based on the evidence collected during the investigation. Also, be aware that you could find yourself in a heap of trouble if you make false statements in order to try to help your boyfriend. I wish you both luck.

    John M. Eccher
    Ward, Hollingshead & Eccher
    www.wardhollingshead.com/john-m-eccher

    If you have further questions related to this matter, or future questions related to another matter, please don't hesitate to contact me directly. The choice of a lawyer is an important decision and should not be based solely on advertisements. Past results afford no guarantee of future results. Every case must be judged on its own merits. Additionally, as outlined by Avvo.com, remember that information posted or made available on or through the Site, including without limitation any responses to legal questions posted in Avvo Q&A, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.


  2. You and not your BF should talk to an attorney. you may or may not have the ability to avoid testifying. The one thing that you and your BF definitely should NOT do is talk about the case. There is no such thing as BF/GF confidentiality. The DA can ask what BF has said to you about the case and in particular if the two of you have talked about how to beat the charges.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


  3. Your boyfriend certainly needs an attorney to defend him of the charges. You could speak to that attorney as well and let him/her know that you don't want the case to proceed. The attorney can then advise the two of how best to proceed.


  4. Sometimes it is possible to fill out an affidavit of non-prosecution.

    However, if the prosecutor has evidence of the assault other than you, they
    do not necessarily need your cooperation to move forward.

    The choice of an attorney is an important decision and should not be based on advertisements alone. This response does not create an attorney-client relationship; and this answer does not constitute legal advice. You must discuss the specific facts of your case in detail with an attorney.


  5. I find myself surprised to continue seeing attorneys not licensed in Missouri answering Missouri law questions.

    Nevertheless, the State does not need your consent to file charges and pursues those charges against your boyfriend. Your best bet was to not make any statements to and for the police. A prosecutor can compel you to talk in a deposition and in court by subpoena, and you are required to tell the truth in those situations. If you do not, perjury charges can be filed against you.

    As one attorney has stated, you can choose to fill out a statement saying you wish the charges to be dropped. If called to the stand, you can tell the jurors that you did not want any charges brought.

    You can consult with your boyfriend's defense attorney as well and try to help him or her understand the facts of the situation better.

    In any event, your boyfriend needs to hire an attorney. If he cannot afford a private attorney like me, then he needs to apply for a public defender attorney.


  6. Beg the prosecutor to dismiss them

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