Can Violent Crime Charges Be Reduced Or Dropped?

Today’s topic: Violent Crime Charges!

Facing violent crime charges is just plain scary. There really is no other way to explain it. You’re facing the possibility of prison time, having a record, and the stigma of just wondering how this happened in the first place.  

However, not many know that charges aren’t always set in stone. So, can authorities reduce or minimize violent crime charges be reduced or minimized?

In this blog, we will break down the following things:

• What are Violent Crimes?
• Understanding the factors for violent crime charges.
• Why do authorities reduce violent crime charges?
• The role of plea negotiations in violent crime charges.
• Alternative programs.

Therefore, if these are a few things that you want to know, keep on reading this blog till the end…

What Counts As A Violent Crime Anyway?

The term “violent crime” casts a wide net. There’s obviously aggravated assault, armed robbery, domestic violence, and sexual assault.

But then there are charges such as attempted murder, terrorist threats, and even some weapons charges that fall under this umbrella.  

Some are related to causing physical injury, while others relate to the threat of injury or the use of a deadly weapon.

The justice system certainly does not mess around with these offenses, which is exactly why you must know what you are getting into from the get-go. 

What Factors Influence Violent Crime Charges?

There are a number of elements that influence or define charges for violent crime. Some of these include:

1. Legal/Incident-Specific Elements: Variables that determine which specific charge will be filed against someone charged with violent crime (e.g. first degree murder vs. manslaughter). Also these elements play a role in determining how serious the legal response will be.
2. Socioeconomic/Environmental Elements: Wider societal contexts create environments that are “criminogenic” in nature. And in turn, there are higher rates of violent crime associated with these types of environments.
3. Individual/Behavioral Risk Elements: Individuals may have risk factors due to past experience and/or biological predispositions to commit acts leading to a charge of a violent crime.

Along with the above, there are also social/systemic dynamics surrounding a charge of a violent crime that greatly impact a charge of violence. Examples of these include family dynamics and peer influences.

Furthermore, effective legal processes and high rates of conviction serve as deterrents while also being an example of systemic inefficiency derailing efforts at reducing crime overall.

Why Charges Get Reduced Or Dropped?

This has nothing to do with feeling a certain level of sympathy or having a good day in court. There are legal reasons for the reduction or dismissal of violent crime charges. They are as follows:

There Isn’t Much Evidence

Other times, there are simply some flaws in the case that the prosecution puts. There can be discrepancies among witnesses, as well as some discrepancies in how witness statements are handled when collected by the police.  

It can be that the security cameras are not clear enough to determine much of anything. When the prosecution can’t prove their case beyond a reasonable doubt, that presents an opportunity.  

A criminal defense lawyer in Orange County or those in your area will know what these are. They will examine all the evidence, or lack thereof, to find where the holes in the case are. 

It Was Self Defense

Not all fights and violent events are crimes. If you were defending yourself or others from harm, this would completely shift the dynamics. This is where proving it comes in, and this requires documentation of everything. 

In self-defense claims, it is necessary to prove that the actions taken are reasonable in light of the threat. Criminal defense lawyers delve into medical records, calls made to 911, and testimonies. In short, anything that might illuminate what really occurred.

The Police Made Mistakes

The police also have regulations they must follow. If they do not, they might conduct a search without a warrant, disregard the Miranda rights, or force a confession; that’s a problem for their case. Illegal evidence can be deemed inadmissible in court and may result in a case lacking evidence for prosecution. 

Defense attorneys examine each aspect of an arrest and investigation for these foul-ups. It is hard work, but it is worth it.

Witness Problems

In many instances, the witnesses play critical roles in court. But when the witnesses happen to be persons with criminal records or change their testimonies, or when they might be lying for a reason, the case can fall apart. 

Excellent legal teams know how to expose these issues, either during pretrial negotiations or in cross-examination if the case goes to trial.

The Role Of Plea Negotiations In Violent Crime Charges

Many crime cases are never prosecuted in court. They are resolved by plea bargains instead.  

This is where the criminal defense attorney may see their first-degree assault charge reduced to second-degree assault, or their aggravated battery charge reduced to a charge with less severe punishment.

We’re talking about the difference between time in prison and time on probation and performing community service. 

Why do prosecutors agree to this? Their case might have weak spots they’d rather not test in front of a jury. Or it could be that trials are expensive and unpredictable.  

Sometimes they recognize the circumstances don’t warrant the harshest criminal penalties. Whatever the reason, these negotiations happen all the time. 

Alternative Programs Sometimes Apply

In other instances, depending on the charges and the circumstances involved, you might qualify for diversion.

This applies particularly to either domestic violence disputes or cases of disorderly conduct. Rather than going to trial, you will have to go through counseling and/or community service.  

If the program is completed successfully, the charges will very likely be dismissed. This is not an option for major offenses such as criminal homicide or capital murder. However, for violent offenses, it is a viable option.

What About The Really Serious Charges?

Can something like attempted murder or armed robbery get reduced? It’s harder, no question. But it happens. Even with severe accusations, the specifics matter. 

Maybe that deadly weapon charge doesn’t hold up because the item doesn’t meet the legal definition.

Perhaps the aggravated assault should be simple assault because certain elements can’t be proven. These might sound like technicalities, but they’re the difference between a lengthy prison sentence and something far less severe. 

The charges sometimes get reduced in cases of assault and battery or second-degree assault when the circumstances were not as clear as initially charged. Charges of gang violence might not stick if the prosecution cannot prove gang affiliation. Every case has its details, and those details create possibilities. 

So, can violent crime charges be reduced or dropped? Yes. When there are legitimate legal grounds and someone fighting hard on your behalf, it happens. Weak evidence, constitutional violations, self-defense situations, and procedural mistakes create openings. 

What matters most is taking action instead of hoping things will somehow work themselves out. Because they won’t. Not without a fight.