Anyone facing a CDV charge in Conway, Arkansas will be asking their CDV attorney this one question: Will it be possible for my criminal domestic violence charges to be dropped?
This is not a simple question to answer, as domestic laws in Arkansas tend to be among the most severe across states. As a criminal offense, moreover, a criminal domestic violence charge cannot be dropped simply because the complainant has decided to change his or her story.
To get the best defense for your charges of CDV as well as to examine the possibility of your charges to be minimized or dropped, you need to hire a CDV attorney committed to your case in Conway, AR.
The Possibilities of Having a CDV Charge Dropped or Minimized in Conway, AR
If you are dealing with a CDV charge in Conway, AR, you should know that your charges will not be dropped just because the complainant has decided to change their story or recant or drop the charges altogether. The primary reason for this is that in a criminal case, it is the state that charges the defendant, not the complainant or the alleged victim.
In many states, including Arkansas, there are highly strict domestic violence laws. Strictly speaking, it will be the prosecutor who will make the decision whether to pursue a trial or otherwise. The decision to drop the CDV charge does not rest on the complainant’s hands. This is what a CDV attorney should be able to explain to you.
Based on the complainant’s recanted story or intention to drop charges, it is still possible for the state to minimize the charges brought against you. This will involve, in some cases, a plea bargain agreement, the penalties of which will be less severe.
Although the complainant’s dropped charges can be a factor in a prosecutor’s decision to dismiss the case, it is not the only factor that will be considered. If the state determines that there is enough reason to go to trial, proceedings will still take place. Alternately, it is also possible for the prosecutor to determine that there is insufficient evidence to prove your guilt in a CDV charge. If the state cannot establish your guilt beyond a reasonable doubt, the prosecutor may decide to dismiss the charges.
Nonetheless, false allegations of domestic violence are not uncommon. This could be used as your defense against a false charge of criminal domestic violence. With the harsh penalties of CDV in the state of Arkansas, the last thing you would want is to be falsely charged with a misdemeanor or, worse, a felony. A dedicated CDV attorney can and will help.
What Can My CDV Attorney Tell Me About CDV Penalties in Arkansas?
The penalties for a CDV charge in Conway, AR are dependent upon degrees of classifications. For example, a first-degree charge is considered a misdemeanor, categorized at Class A. This charge may require up to a year of imprisonment. For a second-degree assault, classified at Class B, you may be looking at up to six months in jail.
Aggravated assaults are also common. When you have been charged with this, your CDV attorney will inform you that this could easily cost you up to six years in jail. Aggravated domestic violence occurs when the action or the use of a weapon poses serious injury or death to another member of the same household.
One of the most severe classifications of criminal domestic violence charges in Conway, AR is Class Y, which includes rape. Already considered a felony, this could result in life imprisonment for you.
In addition to serving months or years of imprisonment, you may be required to pay fines, from as low as $2,500 for a Class A misdemeanor to as high as $15,000 for a felony charge.
Work with a Trusted CDV Attorney at Denton & Zachary for your CDV Charge in Conway, AR
The penalties for a CDV charge in Arkansas are no simple matter. While misdemeanor offenses require only a year of jail time and $2,500 in fines, a felony can result in life imprisonment and $15,000 in fines.
In the state, moreover, a domestic violence charge can take place even without the infliction of actual physical harm. This is why your best defense against a CDV charge in Conway, AR is the trusted counsel and committed help of a CDV attorney.
If you have been charged with criminal domestic violence, talk to us. Our CDV lawyers at Denton & Zachary offer comprehensive consultations free of charge.
Get in touch with us so we can get started on your CDV legal defense in Conway, AR as early as today.