Morgan City, LA asked in Criminal Law and Domestic Violence for Louisiana

Q: i go to trial against my ex he commited the assault on accident how can i get them to dismiss the charges

they charged him with aggravated domestic abuse battery but they don't wanna hear that he didn't intentionally hurt me and it wasn't physical assault i did call law enforcement because upon breathing in the pest killer Raid i couldnt breathe but upon law enforcement arrival they said they could not smell the raid on me as i arrived to the hospital they also stated that they could not smell it on me which prooves he didnt spray it directly on me

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Louisiana, if you're seeking to have charges against your ex dismissed in a case of alleged aggravated domestic abuse battery, it's important to understand that the decision to prosecute lies primarily with the district attorney's office, not with the victim. If you believe the incident was an accident and not intentional, you can express this to the prosecutor handling the case.

Your statement as the alleged victim can be influential, but the prosecutor will consider all evidence, including law enforcement reports and medical records. If there's evidence suggesting the incident was not intentional, make sure this is communicated clearly to the prosecutor.

You can also request a meeting with the prosecutor to discuss the case and your perspective. It may be helpful to have an attorney assist you in this process, as they can provide legal guidance and help communicate your position effectively.

However, remember that the prosecutor has the discretion to decide whether to continue with the case based on the evidence and public interest. If they believe there's sufficient evidence to prove the charges beyond a reasonable doubt, they may choose to proceed with the prosecution.

If the case does go to trial, your testimony and any other evidence indicating that the incident was accidental will be crucial. It's important to be truthful and consistent in your statements to both the prosecutor and, if necessary, in court.

Given the complexities of criminal proceedings, consider consulting with an attorney who can provide legal advice specific to your situation and help navigate the legal system.

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