Can a charge of domestic violence, assault, misdemeanor battery be dismissed or mitigated down to anger management classes? 49 Answers as of May 29, 2013

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?

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Law office of Robert D. Scott | Robert Scott
You may want to check with your attorney or the prosecutor's office to determine if you qualify for any anger management programs.
Answer Applies to: Maryland
Replied: 8/15/2012
Law Office of Christopher G Humphrey PC | Christopher G Humphrey
For Wyoming, depends on the county.
Answer Applies to: Wyoming
Replied: 8/15/2012
Reza Athari & Associates, PLLC | Seth L. Reszko
Your request for anger management classes can be part of your sentence. If you do take a plea, the DA will probably insist that you plead guilty or no contest to one or more of the charges. It is possible although unlikely, and depending on the facts of your case, that the DA would allow you to just complete the classes and dismiss the charges.
Answer Applies to: Nevada
Replied: 8/10/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Possibly, at least in Michigan it is possible.
Answer Applies to: Michigan
Replied: 8/8/2012
Larry K. Dunn & Associates | Larry K. Dunn
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.
Answer Applies to: Nevada
Replied: 8/7/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Charges can always be dismissed at the discretion of the prosecutor, or they may be amended to lesser or different charges.
    Answer Applies to: Kansas
    Replied: 8/7/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    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.
    Answer Applies to: Utah
    Replied: 8/7/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    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.
    Answer Applies to: Wisconsin
    Replied: 8/7/2012
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Every case is different and has different strategies and outcomes and nothing is easy. You are going to have to invest in an experienced criminal law specialist to obtain all the reports and strategize the case with you.
    Answer Applies to: California
    Replied: 8/7/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Whether the charges are lessened through a plea bargain would be up the prosecuting attorney.
    Answer Applies to: Michigan
    Replied: 8/7/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    It is common that a domestic violence charge can be a deferred prosecution in exchange for anger management classes. The classes vary and can be up to 16 weeks. It ususally takes the concurrence of the victim. Please note that a conviction for domestic violence can cause a person to forever lose their second amendmnet right to own or possess a firearm. Failure to complete the classes would result in an adjudication of the charges.
    Answer Applies to: Alabama
    Replied: 8/7/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    All these cases are fact specific but generally the answer is yes the case can be mitigated down.
    Answer Applies to: Rhode Island
    Replied: 8/7/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you have a clean record and retain a good criminal attorney you may be able to get probation with counseling. There are short term classes that take four weeks and long term classes that take a lot longer. If you injured a woman or the prosecutor feels it it a serious case you will get a longer period of counseling. You need to learn about anger management and communication skills if you assaulted a woman. There is no reason to hit a woman, no matter what she says or does. you either talk it out like adults or you leave her, walk away and find another woman. You have no right to put your hands on any person, but women especially should not be abused verbally or physically.
    Answer Applies to: New York
    Replied: 8/7/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    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.
    Answer Applies to: Washington
    Replied: 8/7/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    If you live in Florida, why ask about disposition in California. Just misdirected inquiry? I any event, charges listed are not "mitigated down" to anger management. That would be one of the conditions of probation. I suppose one could agree to attend anger management with the understanding that the charge will be dismissed upon sucessful completion.
    Answer Applies to: California
    Replied: 8/7/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    There is a no drop policy so it's unlikely to be dismissed.
    Answer Applies to: Nevada
    Replied: 8/7/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    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.
    Answer Applies to: California
    Replied: 8/7/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It all depends on the discretion of the prosecutor.
    Answer Applies to: New York
    Replied: 8/7/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    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.
    Answer Applies to: California
    Replied: 8/7/2012
    Gates' Law, PLLC | Thomas E. 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.
    Answer Applies to: Washington
    Replied: 8/6/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If you are talking about a Florida case, where you say you reside, you must re-post to Florida attorneys, not California.
    Answer Applies to: California
    Replied: 8/6/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Depends on the court, the DA and your attorney. Hire the best you can afford.
    Answer Applies to: Texas
    Replied: 8/6/2012
    Steven Alpers | Steven Alpers
    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.
    Answer Applies to: California
    Replied: 8/6/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    A domestic violence case has to include domestic violence classes unless the case is completely dismissed. Colorado has a complex domestic violence treatment program, but there are minimum but not maximum periods one has to be in treatment, which can be from 4 to 9 months as a minimum the maximum time of treatment is not limited. Probation on a case can be transferred to your home state, and you would have to do the domestic violence treatment required by your home state.
    Answer Applies to: Colorado
    Replied: 8/3/2012
    Leonard A. Kaanta, P.C. | 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.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    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.
    Answer Applies to: Pennsylvania
    Replied: 8/3/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    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.
    Answer Applies to: California
    Replied: 8/3/2012
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    It may be possible to enter a deal putting you on some form of probation or case management calling for anger management classes and otherwise. However, such a deal would likely preclude you from possessing a firearm under federal law.
    Answer Applies to: Kansas
    Replied: 8/3/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It is possible... if the facts of the case justify the dismissal or reduction. It would be up to the prosecutor and the judge.
    Answer Applies to: Washington
    Replied: 8/3/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    Yes in Michigan you can plead under a statute that allows the matter to be dismissed and anger management courses are usually a condition of this type of plea.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    Castro, Rivera & Associates | Sandra Rivera
    If this is your first offense some counties may offer you pre trial diversion which is like probation but upon completion the case gets dropped. You have to be approved for that though and most time the victim has to be in agreement.
    Answer Applies to: Florida
    Replied: 8/3/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    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.
    Answer Applies to: Colorado
    Replied: 8/3/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    In Maine, the charges can be dismissed, filed, deferred, or substituted for criminal mischief, disorderly conduct, etc. Do not agree to take an anger management class or you could get stuck for 2 years of counseling, and probation or administrative release. Bad idea. Good idea is to hire an experienced attorney like myself.
    Answer Applies to: Maine
    Replied: 8/3/2012
    Law Office of Ismail Mohammed | Ismail Mohammed
    A domestic assault and battery is not a taken likely in Massachusetts. If the alleged witness/victim is willing to go forward and testify, it is highly unlikely that the case will be dismissed. You should retain a good criminal defense attorney to help you navigate through the process.
    Answer Applies to: Massachusetts
    Replied: 8/3/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    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.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    Farris F. Haddad & Associates, P.C. | FARRIS F. HADDAD, ESQ.
    Yes they can, I do this often.
    Answer Applies to: Michigan
    Replied: 5/29/2013
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    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.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    Pietryga Law Office | Russ Pietryga
    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.
    Answer Applies to: Utah
    Replied: 8/3/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    It's possible but, in all candor, unlikely. It depends on which court you're charged in as well as the circumstances of the case. As an attorney with 26 years experience in all Wahington courts I can consult with you free of charge and explain all your options. There are several Including the scenario you laid out.
    Answer Applies to: Washington
    Replied: 8/3/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You need to consult with an attorney. There are facts that are needed in order to provide an intelligent answer concerning the likelihood that charges may be reduced. Just saying yes anything is possible is not an intelligent answer.
    Answer Applies to: Georgia
    Replied: 8/3/2012
    Bruce Plesser | Bruce Plesser
    Depends on victims cooperation.
    Answer Applies to: Florida
    Replied: 8/3/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    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.
    Answer Applies to: Florida
    Replied: 8/3/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    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.
    Answer Applies to: Massachusetts
    Replied: 8/3/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    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.
    Answer Applies to: Mississippi
    Replied: 8/3/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    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.
    Answer Applies to: Utah
    Replied: 8/3/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    I assume the domestic violence charge is in New Jersey.
    Answer Applies to: New Jersey
    Replied: 8/3/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes.
    Answer Applies to: New York
    Replied: 5/29/2013
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