Accused of Domestic Violence? Consider the Role of the Prosecution

If you have been accused of a crime like domestic violence, you should know that the burden is on the prosecution to prove that you were guilty beyond a reasonable doubt. Considering that most domestic violence cases occur in the privacy of a home, these cases are challenging for prosecutors to prove. In this brief article, a domestic violence defense lawyer in Tampa with The Rickman Law Firm will discuss how the prosecution will try to prove that a defendant is guilty of a crime like domestic violence.

Is There Any Physical Evidence?

Although there may not be much physical evidence related to a domestic violence case, the prosecution will do their best to present any physical evidence that hurts the defendant’s case. Common pieces of physical evidence include photographs of injuries the victim sustained, as well as items or property damaged during the incident. Other forms of evidence could include text messages between the defendant and the alleged victim, social media content, or voice messages left by the defendant. 

Photos of abuse can be extremely impactful to a jury. Although “a picture is worth a thousand words,” in domestic violence cases, a picture alone may not provide the full story. An experienced domestic violence defense attorney in Tampa can assess any physical evidence presented by the prosecution and provide an alternative explanation that brings its relevance into question. 

Are There Any Witnesses?  

Although witnesses are crucial for any criminal case, they are especially important in domestic violence cases where physical evidence may be lacking. The prosecution will rely on witnesses to provide compelling testimony related to the incident. Common witnesses in domestic violence cases include:

  • Friends
  • Family Members (including children)
  • Neighbors
  • Police Officers
  • Other Bystanders
  • The Alleged Victim 

Whether the person under oath witnessed the incident, observed physical evidence related to the crime, or received a statement from the victim, the defendant’s legal counsel has a right to cross-examine any witnesses. An experienced attorney also has a firm understanding of the legal proceedings during both a trial and preliminary hearings. For example, if a witness did not testify in a preliminary hearing, they should not be authorized to make any statements at the trial. An experienced attorney can cross-examine any witness, challenge any inconsistencies in their statements, and ensure that the defendant is provided a fair trial.  

Consult a Criminal Defense Law Firm

Although the prosecution has many challenges in presenting evidence during a domestic violence case, a defendant should never assume that it will automatically result in a favorable outcome. Without an experienced domestic violence defense attorney in Tampa on your side, you are leaving your future to chance. If you have been accused of a serious crime like domestic violence, you require the services of an excellent criminal defense attorney that will work tirelessly on your case to ensure you obtain the best outcome. Contact Anthony Rickman of The Rickman Law Firm today.  

For a free consultation with a domestic violence defense lawyer in Tampa, please contact The Rickman Law Firm today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

Case Results

PINELLAS DUI REDUCED TO RECKLESS DRIVING

The Client was charged with Driving Under the Influence and refused to submit a breath test. Attorney Anthony Rickman was able to get the State to reduce the DUI to Reckless Driving.
Show More

DUI Reduced to Reckless Driving

The Defendant was stopped by officers for making an illegal u-turn and violation of right away. The Defendant’s blood alcohol level was .220. The Defense provided the state with evidence showing that the officers violated
Show More

Battery and Tampering Charges Dropped

Our Client was accused of striking his wife and preventing her from calling 911 during an argument. The Defense had the misdemeanor battery and felony tampering charges completely dropped.
Show More