Howard County Domestic Violence Prosecution
If you are facing Howard County domestic violence prosecution, it is essential that you work with an experienced criminal defense attorney to increase your chances of success. An established defense lawyer will be an invaluable asset as you build the strongest case available for your defense. Such an attorney can guide and advise you as you determine the best course of action each step of the way.
When the Prosecution Becomes Involved
Typically, the prosecution only gets involved after a charge has already been filed. The case is usually brought by someone accusing somebody else of a crime, or if the police or a third party witness something and report it to law enforcement.
Once a charge has been formulated, it is forwarded to a prosecutor who then reviews it and determines how far the case will proceed. In other words, they make a decision about whether to prosecute or whether to offer the defendant some alternative resolution.
In making this judgment, they gauge the nature of the allegations, the nature of the injuries, the history of the individuals involved, and the likelihood of prevailing at trial. These all come into play and, frequently, if an attorney can speak with the prosecutor early enough in the process, they can help lead the prosecution to make the decision that is most favorable to the client.
Burden of Proof
Should a prosecutor choose to pursue the case in court, the burden of proof rests on them as they present their case and work to convince the judge and jury of the guilt of the defendant. They must be able to prove beyond a reasonable doubt every element of any offense that the individual defendant is charged with.
Proving the Elements of a Charge
The two most common charges are second-degree assault and reckless endangerment. Those two almost always go hand-in-hand. Second-degree assault is a harmful or offensive, unconsented-to contact. Therefore, the prosecution must prove that the accused did intentionally commit a harmful or offensive contact. With that in mind, the charge does not apply, for example, to someone in an aggravated state who slams a door, fails to see somebody on the other side of it and hits them. That is not intentional.
If the contact in question is intentional, the prosecution must then prove that it was harmful or offensive. Therefore, an act such as tapping someone on the shoulder to get their attention does not apply, as it is not considered offensive. In addition, there is the element of consent to consider. Consider two people sparring or boxing. That is certainly harmful. In some cases the contact may even be considered offensive, but if it is consented to, it is not an assault.
In order to reach a conviction, the prosecution must be able to establish every one of those elements. Because of the many elements involved in proving second-degree assault, often prosecutors will choose to pursue a reckless endangerment conviction instead of or in addition to the original charge. This charge does not require somebody to have intended to hurt somebody else. Rather, it can apply to those who engage in a behavior that is in reckless disregard for the safety of others. For example, if someone is in a room with other individuals and begins throwing glass objects into the walls or onto the floors, causing glass shards to litter the area, that behavior qualifies as reckless disregard for the safety of others.
How an Attorney Can Help
There are many elements that a Howard County domestic violence prosecution will be working to prove. While this can be overwhelming and intimidating from the perspective of the defense, the good news is there are as many elements that can be challenged and disputed by the defense.