If someone who accused you of domestic violence recants their statements, this could have an impact on your charges in California. Recanting a domestic violence statement can significantly change the way a case proceeds, but it does not automatically mean that charges will be dismissed. People accused of domestic violence should discuss their case with an attorney to find out if or how a victim’s recantation will affect them.

The Law Office of Sheny Gutierrez can walk you through the process and explain the complex elements that often exist in delicate situations like recanting a domestic violence statement. Contact us to schedule a free consultation to discuss how a recanted statement may affect your domestic violence charges.

What Does It Mean When a Victim Recants Their Statement?

When an alleged domestic violence victim recants their statement, they withdraw or change their original report of what occurred. Your accuser could recant their domestic violence statement for a number of reasons, including regret, confusion over the details of what occurred, an interest in repairing the relationship, or fear. Regardless of the reason, recanting a statement often changes the trajectory of a case.

Legal Consequences of Recanting a Domestic Violence Statement

When a domestic violence statement is withdrawn or recanted by the alleged victim, there are numerous potential outcomes that could be caused by this decision. Recanting a statement challenges the credibility of the accuser. Withdrawing or changing the original statement can create doubts about the authenticity of the original statement.

If someone intentionally files a false report or makes up a fabricated allegation about domestic violence, they could face criminal charges in California. It is not common for someone who files a domestic abuse statement to be charged after recanting, but filing a false police report is a misdemeanor in the state.

The court may also suspect that the alleged domestic violence victim only recanted out of fear or intimidation, which could present added difficulties for your case. Knowing your options is helpful, but having a trusted criminal defense attorney on your side is invaluable when facing domestic violence charges.

Court Strategies for Recanted Statements

Defense attorneys handle recanted statements by developing a court strategy that best fits the individual case. For example, if the prosecutor has other evidence that makes them confident enough to move forward with the charges, a strong defense must be established to fight the charges. This is different from the steps necessary if the recanted statement leads to the charges being dismissed.

How a Recanted Statement Can Affect Your Case

If your accuser recants their domestic violence case, the following outcomes are possible:

  • The prosecutor decides to dismiss your case
  • The prosecutor proceeds with the domestic violence case
  • Reduced charges are filed
  • A plea deal is negotiated

If the prosecution has evidence in addition to the alleged victim’s statement, they may choose to pursue the charges against you even after the recantation. The prosecutor may feel that evidence like witness statements, medical records, and 911 calls is compelling enough without the statement. Otherwise, you may be able to receive a reduced charge or a plea deal.

Can a Recanted Statement Result in a Case Dismissal?

Yes, in some cases, the case may be dismissed if the accuser recants their statement. Depending on the other evidence in your case, the prosecutor may decide not to pursue domestic violence charges if the alleged victim’s account of what occurred cannot be used or relied upon. However, you should not assume that just because your accuser recants their statement, your case will be dismissed.

The judge and prosecutor will examine multiple factors to determine the reason behind the recantation and the validity of the original domestic violence claim. Your defense attorney can help you prepare for possible outcomes after a statement is recanted.

How Our California Defense Attorney Handles Recanted Statements

The domestic violence defense attorney at the Law Office of Sheny Gutierrez has over 15 years of experience fighting for clients charged with domestic violence, including those whose alleged victims recanted their statements. We will tailor our defensive strategy to fit your needs, whether that means fighting aggressively against the charges or moving for a dismissal once a statement is recanted.

Remember, you don’t have to face this process alone. Our legal team is happy to be by your side throughout each step to give you the support and guidance you need. You deserve an attorney who will advocate for your best interests and help you navigate the complexities of the California legal system. Contact us today to schedule a free case evaluation with our domestic violence defense attorney.