If you are facing domestic violence charges, you should consult with a local defense lawyer at Berry Law. There is a substantial advantage to having a local domestic violence attorney who knows the prosecutors, works with them on a regular basis, and who is familiar with the courtroom.
In many domestic violence cases, individuals give statements that are detrimental to their defense. Individuals facing criminal charges often attempt to prove their innocence by talking to law enforcement, but they usually don’t realize they may be corroborating the prosecutor’s evidence unintentionally. There is typically a big advantage to having an attorney analyze the evidence in Omaha domestic violence cases. Our legal team can advise you on what to look for and how to counter the prosecution’s case.
What Evidence is Typically Used in Local Domestic Assault Cases?
The evidence most commonly used in local domestic assault cases is the victim’s testimony. While the state doesn’t need a victim present in court to for a domestic assault conviction, it is typically much harder for the prosecution to achieve a conviction without their cooperation. If a victim does not appear in court, their statement cannot be used at trial because the defense wouldn’t have the opportunity to cross-examine or ask questions.
Other evidence would include pictures of the alleged injuries (i.e. marks, cuts, bruising, or swelling) taken by law enforcement after arriving to the scene. Hospital records can also be used as evidence in domestic assault cases. Doctors or nurses may testify about the injuries that were reported and offer insight on how severe they were.
911 calls are often referred to during local domestic assault cases. For example, who actually called the police can impact the outcome of a domestic violence case. Was it the victim? Was it a different witness? Did the victim undergo the assault and tell someone else about it? If so, did that person call police on their behalf?
The last type of evidence that our lawyers commonly see is eyewitness testimony – if there is any. In a lot of domestic violence cases, there are no witnesses because this kind of incident typically happens behind closed doors.
Strengthening Your Defense Strategy
The best way to defend against domestic assault charges is to analyze the alleged victim’s claims. For instance, if there is evidence proving the victim made false allegations in the past, that can suggest that their claim against you might be false as well.
Examining the victim’s record may indicate whether they have been involved in previously proven cases or if there have been any false accusations. One of our dedicated Omaha attorneys can use evidence which points to these patterns as leverage in your domestic assault case.
Getting Statements Dismissed
A lawyer cannot suppress any pictures of injuries or any other physical evidence from trial. While the suppression or dismissal of evidence is not really an option in local domestic violence cases, suppression or dismissal of statements can be crucial to avoiding a conviction. Law enforcement cannot interrogate someone in custody without first reading them their Miranda rights.
In domestic assault cases, individuals are arrested or taken into custody immediately, so there is a high likelihood or at least the potential for the individual to give a statement without the protections of their Miranda rights. Any self-incriminating statements given to law enforcement before a Miranda warning is given could potentially be suppressed at trial.
To learn more about evidence in Omaha domestic violence cases, call Berry Law today and schedule a confidential consultation.