How to beat a domestic assault charge?

Asked over 1 year ago - 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?

Additional information

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. John M. Eccher

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . 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... more
  2. Lacy Michelle Fields

    Contributor Level 12

    3

    Lawyers agree

    Answered . 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... more
  3. Robert Edward Caldwell Jr.

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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.

  4. Melvin G. Franke

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Beg the prosecutor to dismiss them

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  5. Harry Edward Hudson Jr

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  6. Benjamin J Lieberman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.

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