Q: Domestic dispute /State pressed charges. Questions?
If there was a domestic dispute and a third party showed up and called the cops, they arrested one of the parties involved in the fight and pressed charges. Even though the victim didn't want charges pressed. Can the charges get dropped? Or lowered to a misdemeanor?
A: The decision of whether to file charges in a case is a function of the State Attorney's Office. The victim in a case certainly has input, but only a prosecutor can drop a case. The same goes for whether a charge is changed to something lesser or an agreement is entered into to allow a plea to a lesser charge. I would recommend speaking to a local qualified attorney who can speak to the prosecutor on your behalf. Domestic charges are nothing to mess around with.
A: A victim's input is always taken into consideration by the State of Florida; however, the victim's wishes do not control if the State wishes to proceed to trial. A battery is typically a first degree misdemeanor. If the charge is filed as a felony, then there is serious bodily injury, permanent disfigurement, a strangulation or a prior battery in the defendant's criminal history. Weapons can also enhance the charge. If these factors exist, I do not expect the State to drop the charges.
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