Can domestic violence charges in Louisiana be dropped?

Facing a domestic violence (DV) charge in Louisiana is serious – our state has some of the strictest DV laws in the United States. At Crescent City Law, we recognize the severity of a DV charge and the many challenges that it brings.

While a DV charge carries heavy weight in Louisiana, several factors may lead to getting one dropped. From our dedicated domestic violence defense team here in New Orleans, here is everything you need to know about getting a DV charge dropped.

Domestic violence allegations can lead to either a misdemeanor or felony charge, depending on the case. A first-offense misdemeanor conviction can result in fines, imprisonment, probation, counseling and therapy, and the loss of the right to own a gun. Similarly, a third (or subsequent) conviction is a felony with mandatory jail requirements.

As stated above, several factors could lead to dropped DV charges in Louisiana. Some of these factors include the following:

Evidence, or lack thereof, plays a significant role in domestic violence cases. Typically, the strength and credibility of the evidence are crucial, and if the prosecutor is not able to establish beyond a reasonable doubt that the defendant was involved in the alleged abuse, it may be cause for dismissal.

Louisiana state law defines domestic abuse battery as “the intentional use of force or violence committed by one household member or family member upon the person of another household member or family member.”

In this circumstance, if there is ample evidence to prove the alleged battery, it is no longer a domestic abuse battery and becomes a simple battery instead.

A common defense strategy involves demonstrating that the force of violence employed by the accused was an act of self-defense. Normally, this scenario emerges when the victim initiates the confrontation and the defendant responds by pushing or striking the victim to protect themselves.

Oftentimes, law enforcement proceeds to make an arrest anyway – which is why it is necessary to hire an experienced criminal defense lawyer to handle the case.

In many cases, the victim in a domestic violence case does not want their family member to be prosecuted. The prosecution has the option to prosecute the offense without the victim’s cooperation, but the victim can advocate on behalf of the accused by signing an affidavit to drop the charges (Sample PDF attached).

DV charges in Louisiana require an experienced criminal defense lawyer. Since DV charges in Louisiana are not to be taken lightly, hiring an experienced criminal defense lawyer is vital to safeguarding your rights.

Being accused of domestic abuse battery has widespread ramifications, which can result in more than hefty fines and potential incarceration. A DV charge can damage your employment prospects, destroy your reputation and interpersonal relationships, and/or result in losing custody of your children. If you are not a U.S. citizen, it may even lead to immigration-related consequences including deportation.

The emotional, mental, and psychological effects following a DV charge can last a lifetime. For these reasons, it is essential that you hire a skilled attorney as a DV charge cannot be expunged – it remains on your permanent record for life.

Allegations of domestic violence can be detrimental to one’s life and livelihood. One DV charge can trigger a domino effect that spirals out of control and derails your entire life, as authorities would rather pursue these charges rigorously than risk experiencing criticism if the defendant reoffends. Consequently, prosecutors usually take a firm stance and are more hesitant to dismiss such cases.

Navigating abuse allegations is lonely and scary, and you deserve to have someone who will listen to your story and fight to secure your rights by your side. Attorney John Radziewicz can help alleviate some of your load so that you do not have to navigate this stressful situation on your own. Contact Crescent City Law today.