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Domestic Violence Assault Issues






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Jun 27, 2011

Domestic Violence Assault Issues

Folks, welcome to another edition of my video blog. Today’s video blog concerns a situation of domestic violence where only the victim and the defendant are available to testify. In many of these cases, there is merely an allegation of an assault, unsupported by witnesses. Now, there may be other types of factors involved or evidenced. There might be bruising, cuts, bleeding. The victim might be hysterical. But, oftentimes, because these assaults occur in the home between the husband and the wife, or the boyfriend and girlfriend, oftentimes, there are no witnesses to the event other than the alleged defendant and the alleged victim.

So, how does the State prove its case beyond a reasonable doubt? Can they do it with the victim alone? Well, it depends. Like everything else, it’s fact-driven and your case is going to be very different than the next guy’s case, which will be very different than the next guy’s case. So, yes, a case can be proven by victim testimony alone. However, in my opinion, those are very difficult burdens for the State to meet and to get over that hurdle of proof beyond a reasonable doubt when there is no accompanying direct evidence of the assault.

So, if all you have is a victim, let’s say the wife or the girlfriend, complaining that she was pushed, or shoved, or punched, or struck in some manner, ie., domestic violence assault, but there is no accompanying bruising, there’s no evidence that she had been struck, there is no blood, perhaps the victim isn’t hysterical, well, there’s always a plausible explanation. Without that direct evidence, it’s a very good chance that the victim is making up the story.

So, these cases are defendable. Just because someone said you hit me and therefore you committed a crime doesn’t mean they can prove their case beyond a reasonable doubt. And let’s be real. Often times, people may, in fact, be guilty of the crime. But, just as often, what was merely a heated argument between a husband and wife, turned into a 911 phone call by the wife who makes up a story that the husband hit her or struck her in some manner, in order to get him out of the house and resolve the argument. We see a lot of that.

So, if you’ve been accused of domestic violence, whether there is only the victim accusing you or there are additional witnesses before you plead guilty, you should absolutely pick up the phone and call my office. These cases need to be sussed out, they need to be litigated and all the evidence needs to be collected before you ever entertain the thought of pleading guilty. Look at all your options, speak with a qualified defense attorney, and don’t plead guilty unless it is really in your best interest decision to do so.

I look forward to bringing you more information on criminal defense on our next video blog. Thank you for joining me. I look forward to seeing you folks soon. Take care. Bye bye.



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