Building a Bethesda Domestic Violence Defense

Having a domestic violence conviction on one’s permanent record will have long lasting consequences, both legal and social. Therefore, if you are facing charges, contact an experienced attorney so they can help you plan out effective Bethesda domestic violence defense strategies and represent you in court. With a skilled attorney, you will have a stronger chance at achieving a positive possible outcome.

Building a Defense

There are a multitude of available Bethesda domestic violence defense strategies. A lot of times, there is an accuser that testifies. However, the defense can also call forth witnesses to counteract and balance the testimony offered by the prosecution. They could also introduce new evidence, or provide context for the evidence already presented, effectively altering the perspective of the court. Keeping in mind the sensitive position of individuals who have been harmed, it is important to note that witnesses, especially non-expert witnesses, tend to exaggerate embellish details.

For instance, say an altercation took place and an individual was pushed or may have been hit one time. For various reasons, they may take the stand and say they were punched and kicked. Even if there is some legitimacy to that, the defense can show how certain medical records or observations are inconsistent with the claim.

The inconsistency between what they are saying and what actually happened compromises the entire theory of the case and, oftentimes, the judges and the juries will not find a person guilty if they find those statements irreconcilable.

Benefits and Challenges of a Key Witness Testifying

The benefit of a key witness testifying when building a domestic violence defense in Bethesda is that a key individual can be the greatest piece of evidence, so the firsthand knowledge of what they suffered or what happened to them or what actually happened play by play is important. The biggest challenge to the defense if the accuser testifies will be garnering sympathy for the accused.

If somebody is charged with, for example, with possession of marijuana, it is not necessarily an emotionally charged scenario. Or if somebody is caught stealing from Walmart, while it is not proper, appropriate, or right, it also may not strike an emotional chord. In contrast, consider someone who says that they were harmed by somebody else, put them on the stand and they start crying, maybe they start talking about how horrible the person is and tug at the heartstrings of the jury. This could potentially be far more damaging to the outcome of the case from the perspective of the defense.

Compelling Arguments

Juries can be swayed by emotion and they may not look at it from a cold and calculated position. If they feel compassion for the person on the stand testifying, they may want to find somebody guilty of something even if the evidence does not fully support convicting the accused.

Another significant challenge is that, unlike a police officer that one can cross-examine and ask questions of aggressively, it is oftentimes poor judgment and difficult to attack someone who says that they were harmed.

If an individual has been testifying for the prosecutor that the defendant attacked them and that they suffered injuries, and they are crying, the last thing that the defense attorney should be doing is then beating up on the person testifying. They are limited in what they could do and how aggressive they can get when they are dealing with individuals.

How an Attorney Can Help

Diplomacy and the value of it cannot be understated in the world of criminal defense. Sometimes, matters can be resolved through relationships and communication in ways that can never be done in an average, general process. This is where an experienced and established domestic violence lawyer can be extremely helpful.

Not everything has to go to trial. If it goes to trial, an individual either wins or loses. Oftentimes, attorneys can resolve the issue before it even gets to that point. An attorney will know to explore all the different avenues for resolution long before a case goes to trial, such as anger management, counseling, or treatment, among others. If a case does go to trial, such an attorney will be equipped to employ the most effective Bethesda domestic violence defense strategies available.