In Indiana’s criminal justice system, the supposed victim of domestic violence does not hold sole power to pursue or abandon charges. Prosecutors have ultimate authority to charge you with domestic violence, meaning you may face criminal charges even if the purported victim doesn’t testify or participate in the charging process.
Prosecutors Pursue Domestic Violence Charges (or Don’t) on a Case-by-Case Basis
Once law enforcement officers respond to a domestic violence call, those involved in the domestic dispute lose control of the situation. For instance, a spouse may honestly explain that there was only a verbal dispute, but law enforcement officers may interpret that spouse as lying to protect an abusive partner.
A law enforcement officer may even view a visible injury completely unrelated to the domestic dispute, assume that the injury resulted from domestic battery, and arrest the partner under suspicion of domestic battery. In such cases, the supposed victim’s refusal to pursue charges or testify may be irrelevant to the law enforcement officer and the prosecutor overseeing the next steps in the criminal justice process.
The Majority of Domestic Violence Arrests in Indiana Do Not Lead to a Conviction, but That’s Often Because of Capable Criminal Attorneys
The Indiana Criminal Justice Institute (ICJI) (p.6) notes that in a single year, there were 11,610 domestic battery arrests but only 3,172 convictions for domestic battery and invasion of privacy offenses in Indiana. However, this gulf between arrests and convictions does not mean that prosecutors simply did not pursue charges in the cases that did not lead to a conviction.
In many cases, a criminal defense attorney likely:
You should never assume that an honest protest from your spouse will convince a prosecutor not to pursue criminal charges against you. Get a proactive defense from an experienced attorney.
Call Razumich & Associates Today for a Capable Defense Against Domestic Violence Charges
Domestic battery and other domestic crimes carry severe criminal penalties in Indiana, potentially including prison time. Our firm will secure evidence suggesting your innocence, or we will seek the most favorable outcome in the wake of any mistakes you have made.
Call Razumich & Associates today at 317-449-8661 or contact us online for lawyers who are ready to fight for you and understand the criminal justice system in Indiana.