Arguments between spouses or dating partners can erupt at any time. Although most disagreements can be resolved with time and respectful communication, there are some disputes that grow so heated that one person may say things or make threats that they do not mean. Emotions can escalate quickly during these chaotic moments, prompting people to act impulsively or regrettably. Unfortunately, those who overhear a heated argument may assume that one person is abusing or physically harming the other. When law enforcement arrives at the scene, the officer may arrest the person they assume is subjecting the other to domestic violence. While California requires law enforcement officers to have probable cause for making a felony or misdemeanor arrest, this does not always mean that the officer has witnessed clear acts of domestic violence. Instead, the officer must assess the details of the scene and determine whether there is reasonable cause to believe an act of domestic violence has occurred. If you have been taken into police custody under suspicion of committing an act of domestic violence in Los Angeles County, you need reliable and effective legal counsel as soon as possible. Your knowledgeable criminal defense attorney will assess every detail of your case and determine the most strategic path forward. This post will explore the importance of witness testimony and other types of evidence and the crucial role they play in your legal defense strategy.
What Evidence Should Be Collected in a Domestic Violence Case?
Facing criminal charges of any kind is often an intimidating and stressful experience, especially for first-time offenders. However, before your mind assumes the worst possible outcome, it’s essential to enlist the help of a highly qualified and experienced Los Angeles County domestic violence defense attorney who can provide you with the information you need to navigate every step of the legal process. Together, you can discuss the types of evidence you can use to bolster your defense strategy and push back against the prosecution’s accusations. Generally speaking, witness testimony, text messages, security footage, and even medical records can be used as evidence in your favor. Let’s take a closer look at how some of these documents and visuals can support your case and maximize your chances of securing a fair and favorable outcome.
Domestic Violence Witness Statement
Since acts of domestic violence usually occur between current or former spouses, dating partners, or roommates, they tend to happen behind closed doors. Many cases of domestic violence often boil down to one person’s word against the other’s. However, witnesses can be valuable sources of evidence on behalf of the defendant, especially if the witness testimony supports the account of the accused and speaks to their general character. For example, an eyewitness who overheard or saw the alleged incident of domestic violence may be able to put the event in a larger context. Perhaps the defendant felt threatened or as if they were in imminent physical danger, which caused them to defend themselves physically with proportional force. Or, an expert witness who specializes in psychology may be able to interpret the defendant’s alleged actions by explaining their state of mind at the time. Your criminal defense lawyer will review the specific details of your case to determine whether to use witness testimony or written statements as part of your defensive strategy.
Text Messages, Call Logs, and Social Media Activity
In today’s increasingly digital world, text messages and social media posts are becoming valuable sources of information and evidence for both the defense and prosecution. Your highly skilled Los Angeles County domestic violence defense lawyer will help you determine whether using digital messages or posts will bolster your defense strategy. If so, you can work together to compile electronic evidence, such as threatening text messages you received from the alleged victim or a call log full of harassing phone calls from the alleged victim. You can use these types of evidence to poke holes or highlight inconsistencies in the prosecution’s case against you. There are several ways for you to incorporate digital evidence into your overall strategy for arguing against the criminal charges you’re facing.
Using Security Footage as Evidence Against Domestic Violence
Depending on where the alleged domestic violence incident occurred, you may be able to request security footage to push back against the prosecution’s case against you. For example, if your accuser claimed that you hit them or physically assaulted them late at night at a specific intersection, you may be able to pull security footage from a nearby store or ATM that provides a visual account of the alleged incident. Any discrepancies between the accuser’s story and the actual security footage can be used to weaken the prosecution’s case against you. Moreover, you can work with an expert witness to interpret the footage and explain how the events depicted on the screen do not align with the charges against you.
Addressing Medical Records in Your Defensive Strategy
Many domestic violence cases involve the alleged victim presenting medical records of the injuries they claim to have suffered at the hands of a dating partner or spouse. However, the defendant has a right to review the medical records and address them as part of their overall defensive strategy. Your attorney may call on an expert witness to interpret the alleged victim’s medical records in such a way that contradicts or undermines the prosecution’s claims. For example, the expert witness may point out that the x-ray results are inconsistent with the alleged victim’s description of the injuries they say they suffered. Or, perhaps the medical records indicate that the injuries were already present before the alleged incident took place.
Get Started With a Highly Qualified Defense Lawyer Today
As soon as you find yourself facing domestic violence allegations in Los Angeles County, reach out to a knowledgeable and experienced criminal defense law firm to discuss your options. Now is not the time to leave your future up to chance—protect yourself by hiring a dedicated legal advocate who will make sure your legal rights remain protected and upheld at every opportunity.
Facing allegations of domestic violence can be overwhelming and stressful. If you have been arrested for a domestic violence-related offense in Los Angeles County, call Wegman & Levin right away at (818) 980-4000 to arrange a free consultation with a highly qualified and experienced criminal defense lawyer.
