Evidence in Baltimore Assault Cases
Typically assault cases are not situations that involve a paper trail but instead tend to be “he said, she said” type situations with a couple of eyewitnesses. Building a defense, therefore, will often include talking to the victim and to any eyewitnesses that are available. An assault attorney in Baltimore may also benefit from listening to the 911 call, if there was one, and reviewing any video surveillance that is available.
Additionally, due to the nature of assault, there may also be property damage. For example, in an apartment, something may be damaged, like a wall broken during a struggle. The attorney, therefore, must review the evidence at the location where the incident happened to determine what took place and what defenses might be raised.
Common Prosecutorial Evidence
For the prosecution, the key evidence is the testimony from the alleged victim. The supposed victim takes the stand and gives their version of the events. The prosecution could have pictures of the area where the incident took place and injuries suffered by the victim. They could have medical records that show the severity of the injuries as well as medical bills that resulted from the injuries. There could also be videos. Oftentimes, the 911 call is very telling as well. 911 call recordings capture and record the frantic moments after the incident when someone called the police and may have said some things that can be used for or against the defendant at a trial.
Overall, the prosecutors are trying to prove that the defendant committed a harmful or offensive contact with the person that was unprovoked and done intentionally to inflict harm. Assaults are destructive offenses and not defensive contact. The prosecution is therefore trying to prove that the assault occurred and that there is no defense, reason, or rationale that justifies the actions taken by the defendant.
Defenses & Mitigating Factors
One of the mitigating factors in an assault case is self-defense. Many times, a person is charged with assault because they were responding to an assault and ended up winning the fight or got the upper hand and were provoked by the other person.
Another defense is that the incident never happened. One thing that frequently occurs, especially in Baltimore City, is that the courts are used as a method of harassment or abuse against others. Often, charges are filed against someone out of anger or retaliation, when nothing took place, or because someone filed charges against another and the other files them in retaliation. Oftentimes, it is a matter of addressing whether the charge is fabricated, which is very prevalent in Baltimore.
The mitigating factors can also include treatment, or otherwise addressing other underlying problems that the person is suffering from, other ailments, or tragedies.
Advantages of an Experienced Lawyer
An assault case in Baltimore is different from an assault case anywhere else in the state because of the high prevalence of these cases. There is a specific method and procedure that is different in the way the authorities prosecute and the alternative sentencing they allow and consider. Therefore, the reason to hire a Baltimore lawyer is that no one on the outside understands the dynamics and the specific judges and prosecutors as someone who works on the inside does.