How Can Prosecutors Prove Domestic Violence?

How Can Prosecutors Prove Domestic Violence?

Posted on : May 23, 2019
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Charged with domestic violence? You may be wondering how prosecutors will build their case against you and what evidence they can use. Here’s what you should know about how prosecutors can prove that domestic violence occurred and how you can get legal help after being arrested for abuse.

Photographic Evidence

One of the most persuasive types of evidence is photographic. If the alleged victim comes forward with pictures of injuries supposedly taken after an incident of domestic violence, this can be very difficult evidence to overcome. This is particularly true in cases where the photographs were taken at a hospital or physician’s office. However, it’s important to press that while photographs clearly illustrate that violence occurred, it usually does not provide any evidence to show who was responsible for it.

Witness Testimony

Often, domestic violence occurs behind closed doors and no witness testimony exists. Some cases do involve a witness though, and this can be troublesome if the witness makes a statement. It’s important to recognize, however, that not all witnesses are genuine. A disgruntled ex can easily convince a friend to say that they witnessed an act of violence that never actually occurred. In cases where witness testimony is brought forward, an attorney can question the validity of the testimony.

Past History

If you have a past history of domestic violence, prosecutors will often use this against you to “prove” that you have a predisposition towards violence. Get granular with any past charges you have and make sure you’re highlighting instances where charges were dropped, you were found not guilty, or the alleged victim was confirmed to have made false allegations of domestic violence against you. It’s also important to note that past history cannot definitively prove whether a person did or did not commit a certain act in the present, thus creating reasonable doubt.

When to Contact An Attorney

If you were arrested and charged with domestic violence, your future, your relationships, and your reputation are on the line. It’s important that you reach out to a seasoned Maryland criminal defense lawyer as soon as possible to begin forming your defense strategy. Richard Brueckner is an experienced domestic violence criminal defense attorney who can help you prepare to go up against aggressive prosecution tactics and protect your legal rights under Maryland law.

Call our office now for a consultation to learn more about what you can do to defend yourself at 410-430-1464.

Posted by: Richard Brueckner

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