Violent criminal offenses typically involve a specific party who is allegedly the victim. Police officers responding to reports of an altercation often have to make a snap judgment based on limited information.
In scenarios where police officers arrest individuals for assault or domestic violence, there is typically at least one other person involved in the incident. In some cases, the statements made by the people involved can have a major impact on pending criminal charges.
The victims of violent crimes are often eager to pursue justice and may ask the state to prosecute the other party involved. Other times, the opposite can occur. The alleged victim may not desire the prosecution of the person arrested. Can the state pursue criminal charges even when the victim does not wish to press charges?
The state often doesn’t rely on victims in violent crime cases
It can be difficult for those involved in violent incidents to speak up on their own behalf. Especially in scenarios involving pre-existing relationships and allegations of domestic violence, people frequently recant statements made to the police before an arrest or early in an investigation.
This phenomenon is common enough that state prosecutors and police officers take it into account while developing criminal allegations. Typically, prosecutors only bring charges in cases where they have evidence to justify the charges without the cooperation of the alleged victim.
Evidence including medical reports, police officer testimony, witness statements and even security camera footage could help corroborate allegations made by prosecutors of one party behaving in a violent or threatening manner toward another. An alleged victim asking the state not to prosecute is unlikely to result in the dismissal of charges.
Thankfully, there are many ways to develop a viable defense strategy. Charges without the backing of a victim complaint can be easier to fight in some cases. The defendant typically needs help developing an effective defense tactic that addresses the state’s evidence and reframes the situation.
Reviewing the circumstances that led to violent criminal charges can help defendants plan a defense strategy. Learning more about how the state typically handles violent criminal cases can help people try to avoid a conviction.