QUESTION
Can a charge of domestic violence, assault, misdemeanor battery be dismissed or mitigated down to anger management classes?
Asked on Jul 07th, 2012 on Criminal Law - Florida
More details to this question:
It is my first offense. I reside in Florida and am wondering if the charges can be dismissed? If not, can it be mitigated down to anger management classes? If so how many classes?
31 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 29th, 2013 at 1:22 AM
Yes they can, I do this often.
Answered on May 29th, 2013 at 1:21 AM
Michael J. Breczinski
Possibly, at least in Michigan it is possible.
Answered on Aug 08th, 2012 at 11:38 AM
If the offense occurred in Florida you should contact an attorney in Florida. In Nevada a charge of Domestic Battery will not be reduced or "mitigated" down to anger management classes unless the prosecutor cannot prove the case. A first offense Domestic Battery carries a minimum sentence of 2 days in jail or community service and $200 fine, up to six months in jail and $1,000 fine.
Answered on Aug 07th, 2012 at 5:06 PM
Once a case has been charged, its very difficult to get it dismissed pretrial. You essentially have to be able to prove yourself innocent to get it dismissed before a trial or a plea. There are lots of plea options. On a first charge, you might be able to get a plea in abeyance (have it dismissed after probation and classes). A good attorney would be able to negotiate the best deal possible.
Answered on Aug 07th, 2012 at 3:20 PM
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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Any of those matters would need to be negotiated and accepted by the D.A.'s office. Also, the Judge would need to accept any plea bargains. In Wisconsin a Judge is not bound by the negotiations b/w the State and the defense.
Answered on Aug 07th, 2012 at 2:09 PM
Dennis P. Mikko
Whether the charges are lessened through a plea bargain would be up the prosecuting attorney.
Answered on Aug 07th, 2012 at 1:41 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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All these cases are fact specific but generally the answer is yes the case can be mitigated down.
Answered on Aug 07th, 2012 at 12:47 PM
Yes, you could get a continuation without findings, attend anger mgmnt classes and with law abiding behavior for 1 or 2 years, have the charges dismissed.
Answered on Aug 07th, 2012 at 12:38 PM
James Edward Smith
There is a no drop policy so it's unlikely to be dismissed.
Answered on Aug 07th, 2012 at 12:10 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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It's impossible to say without knowing anything about the facts of your case. Domestic violence charges can be filed for something minor like a slap or a push, or something much more serious involving major injuries. It also is impossible to say without knowing what court you are in and what DA your lawyer will be dealing with. What you need to do is hire a lawyer in your area to handle this.
Answered on Aug 07th, 2012 at 12:07 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It all depends on the discretion of the prosecutor.
Answered on Aug 07th, 2012 at 11:56 AM
Assuming you are in California, you will need to hire a lawyer for this one. DV cases, while serious, are often very defensible, because they involve a lot of he-said she-said, and prosecutors don't like trying them. Which is why you need an attorney who knows what he is doing to represent you. Going to court by yourself won't cut it.
Answered on Aug 07th, 2012 at 12:56 AM
Thomas Edward Gates
I am assuming you have been charged with Assault 4 Domestic Violence. You cannot mitigate this charge down. Anger management classes will likely be part of your sentence. Beforehand, you will have an evaluation conducted, this evaluation will determine what, if any, treatment you require and the length of treatment.
Answered on Aug 06th, 2012 at 10:06 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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If you are talking about a Florida case, where you say you reside, you must re-post to Florida attorneys, not California.
Answered on Aug 06th, 2012 at 9:52 PM
3 Awards
Depends on the court, the DA and your attorney. Hire the best you can afford.
Answered on Aug 06th, 2012 at 9:30 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It depends on many factors, but the main issue is the other person's attitude towards the charges, does she want them dismissed, and the extent of any injuries.
Answered on Aug 06th, 2012 at 9:05 PM
Leonard A. Kaanta
In Michigan anger management clsses are part of the sentence of a domestic violence conviction. This will not go away, you need an attorney.
Answered on Aug 03rd, 2012 at 11:08 PM
4 Awards
Yes, you can sometimes do anger management and avoid the charges but it depends on the particular case and you should really consult a lawyer regarding the specifics.
Answered on Aug 03rd, 2012 at 10:00 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Anger mgmt is 52 weeks, 1 x per week. If Florida has comprable program you may be able to do it there. If you stay in FL you can hire a CA lawyer who can appear for you as it is a misdemeanor and you can plead guilty by mail. Let me know what county and I can recommend a lawyer for you as I was President of the state-wide criminal trial lawyers association and know most of the good lawyers. If it is near Oakland like Contra Costa, San Mateo, Alameda let me know becase I can do it.
Answered on Aug 03rd, 2012 at 9:46 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It is possible... if the facts of the case justify the dismissal or reduction. It would be up to the prosecutor and the judge.
Answered on Aug 03rd, 2012 at 9:31 PM
3 Awards
In Colorado, this is difficult to do, but not impossible. It is fact dependent. I have had cases dismissed after client showed proof of anger management or conflict resolution. But, there typically need to be proof problems etc.
Answered on Aug 03rd, 2012 at 3:34 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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Dismissal is not likely. A first time offender's provision might be applicable and permit a plea to a reduced charge to be made. As part of the plea agreement on a first offender's charge the court usually provides for a period of probation with conditions and if the conditions are performed and the probation completed without any glitches the case is usually dismissed and the only record that remains is a record with the State Police. A condition acceptable to the court could be anger management classes but the court would hate to order that as a condition of probation and would probably have the probation officer determine the number of classes and the frequency of attendance.
Answered on Aug 03rd, 2012 at 3:00 PM
Anything is possible. You'll have to retain a local FL attorney to try to bargain your charges down. They've got some strange laws down there in FLOOR- RIDE-DA.
Answered on Aug 03rd, 2012 at 2:54 PM
Criminal Defense Attorney serving Salt Lake City, UT
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Pietryga Law Office
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It depends. You really have not provided enough information to speculate accurately. But here goes: First, the prosecuting attorney assigned to your case would have to agree a diversion, this is rarely done. Diverted this case prevents the charge from every being filed as long as you comply with an agreement between you and the prosecuting attorney. Note, these are rarely offered and only in special circumstances. Second, depending on your record and the facts, the most likely outcome would be a plea in abeyance to a reduced charge. This would allow the case to be eventually dismissed. Dismissal would be conditioned on you successfully completing the terms and conditions of your probation. On a class b misdemeanor you will usually have to wait a year to get it dismissed. Hope this helps.
Answered on Aug 03rd, 2012 at 2:41 PM
Gary Moore
I assume the domestic violence charge is in New Jersey.
Answered on Aug 03rd, 2012 at 2:32 PM
In Mississippi these charges are often sent to anger management classes. It really depends on the facts and circumstances surrounding the case, and if there is any history of prior violence in the household (i.e., how many times the cops have been called out there before), and the prosecutor's wishes in the case.
Answered on Aug 03rd, 2012 at 2:32 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You use incorrect terms. Negotiate is what you mean. You need an attorney to do what you want, and it may be possible depending upon who you hire.
Answered on Aug 03rd, 2012 at 2:31 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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It is possible to get a very favorable outcome but I would have to know more than you should provide online. You need a MA attorney if you were charged here in MA. If you want to call me feel free to call at the numbers below. If not me, you certainly should hire someone or else you could end up in far more difficulty that you would want. The worst part is that if you are convicted, you will be stuck with this conviction for life. You sound like a young person. It would be a shame to carry this burden around for life.
Answered on Aug 03rd, 2012 at 2:31 PM
1 Award
Yes, it might be possible to reach a plea agreement with the prosecutor to reduce the charges. Hire an attorney in the state where the charges took place to get the best possible outcome.
Answered on Aug 03rd, 2012 at 2:31 PM
Bruce Arthur Plesser
Depends on victims cooperation.
Answered on Aug 03rd, 2012 at 2:30 PM