Evidence Used to Build a New York City Domestic Violence Defense

It can be difficult to begin collecting evidence used to build a domestic violence defense if you are facing a felony charge alone. Having any sort of criminal record makes common everyday things difficult but if a person has a violent felony on their criminal record, their employment opportunities, their academic opportunities are going to be dramatically reduced along with living the life the way they want; that is pretty much non-existent.

It is extremely important to be prepared to address the charges in a strongest way possible. An experienced domestic violence lawyer can help you put together a defense in a favorable way.

Commonly Compiled Evidence for the Defense

Often, an appropriate piece of evidence used to build a New York City domestic violence defense is a statement or statements from the complainant. In which, they admit that either the situation didn’t happen or that the accusation is false, if these conversations can be recorded and presented to the prosecutor, they can result in quick and favorable outcomes.

These statements can be useful, even in situations where the reporting witness still alleges that you assaulted them. Our domestic violence attorneys will look at all of the statements made by the witness, including their testimony at trial. If their statements conflict, we show this to a jury and use it to call their credibility into question.

Medical Records

Depending on the specific offense you have been charged with, you may be able to use the medical records of the reporting witness to prove your innocence. These records could potentially disprove their claims that they suffered an injury during the incident. While there are injuries that won’t leave marks or show up on x-rays, most serious conditions could be discoverable by a medical professional.

Surveillance Footage

Surveillance footage can play a pivotal role as evidence in a New York City domestic violence defense. This type of evidence may come from home security systems, building cameras, nearby businesses, or even street surveillance operated by the city. Your attorney could use this evidence to show a jury exactly what happened instead of leaving it to witnesses to try and piece together the events from their memory. While video evidence can be powerful, there are times when the angle or timing of the camera might not show exactly what happened. It is also possible that video snippets might not capture the entire incident, leaving out important context as to what really happened. Your attorney can scrutinize the video they discover and advise you on whether or not it helps your case.

Digital Records

Defense attorneys frequently rely on digital records like text messages and emails to help build their defense. It is not uncommon for a person alleging domestic abuse to later admit via text or email that they were mistaken or actively making false allegations. These records could also provide important context to a judge or jury about what happened. A skilled defense attorney can analyze timestamps, message content, and sender identity to challenge the prosecution’s case.

What is the Role of the Prosecution

It is the prosecutor’s role to decide how to proceed with the case, but a statement from the alleged complainant indicating that they have no desire to go forward or press charges or that the incident was made up usually facilitates a discussion with the prosecutor that may lead to the case being dismissed.

The standard evidentiary pieces are always sought, such as a captured recording, witnesses, any sort of medical record, and the alleged complainant’s history to get a sense of bias. All of those things help thoroughly prepare for defense.

Presentation of a Family Violence Defense

Defense attorneys can sometimes demand a case be dismissed based on what they think is completely exculpatory evidence. Meaning, either the complainant says that this did not actually happen or they have a video showing that the event did not occur.

Sometimes they are able to present mitigating factors that they have uncovered which they think lessen any sort of criminal culpability and are able to present that and kind of work out and negotiate a lower deal because of it.

Sometimes, a judge decides if evidence used to build a New York City domestic violence defense is substantial and can have an effect on plea negotiations. To learn more about presenting a defense for your case, speak with a distinguished criminal attorney right away.

Excluding State Evidence at Trial

In addition to building evidence that supports your defense, your attorney might also be able to attack the evidence the state plans on using against you. One of the most effective ways to do this is by filing motions to suppress or exclude certain pieces of evidence before trial. For example, if law enforcement violated your constitutional rights, you might have grounds to have any evidence they collected during the illegal search, seizure, or interrogation from trial.

Additionally your attorney might be able to challenge evidence like hearsay statements or improperly authenticated recordings and argue that they should not be allowed in court due to the rules of evidence. By limiting what the jury is allowed to see or hear, your attorney can significantly weaken the state’s case.

Discuss the Evidence Used in a Domestic Violence Case With Our New York City Attorneys

Being charged with domestic violence is a serious matter, and for many people it can feel like a conviction is guaranteed. In reality, you have the opportunity to fight back against these charges and potentially avoid a conviction. Call our criminal defense attorney to discuss your case.