Can an accuser prove a domestic violence charge without evidence?

Evidence Puzzle Piece Izquierdo Law FirmAs with any criminal charge, it will be up to the prosecutor in a domestic violence case to prove in court that a crime was committed and that the defendant is guilty. They do this by presenting evidence. If your partner has accused you of domestic violence, you may believe that there could not be evidence that proves your guilt. However, you might be surprised by what the state presents at trial.

What the State of Florida Will Have to Prove to Convict You

In order to prove a domestic battery case, the state will have to provide evidence that shows one of the following:

  • The defendant actually and intentionally touched or struck another person against the will of the other.
  • The defendant intentionally caused bodily harm to another person.

Photographic and medical evidence that the accuser was injured is not enough to prove that the defendant caused the injuries and did so intentionally. The prosecutor will have to present evidence that corroborates the accuser’s story and establishes intent.

Evidence That May Be Used to Prove Your Guilt

You might be confident that no such evidence exists, but prosecutors are very resourceful when it comes to gathering evidence to support a domestic violence charge. A key piece of evidence will be the accuser’s statements and testimony in court but, even if the accuser has changed his or her mind about testifying, the state may still have enough evidence to convict you. Potential sources of evidence include:

Cell Phone Records 

Tech experts can pull text messages, voicemail messages, and emails from your cell phone and computer. If any of the communication can be viewed as threatening or angry, this could establish a motive for the alleged attack.

Witness Testimony 

Investigators will talk to neighbors and others in the area at the time of the alleged abuse. They may have overheard a fight—either on the day of the alleged incident or on another occasion—that could make you look guilty.

Security Camera Images

Traffic, security, and porch cameras may have captured images of you coming or going from the accuser’s home. Bystanders’ cell phone videos may also provide evidence of your whereabouts and verbal or physical altercations between you and the accuser.

Medical Evidence

The police will photograph the accuser’s injuries when they respond to the call. Further medical exams could provide evidence of how the injuries occurred. Could the bruise have been caused by a fall, or did someone clearly grab the victim’s wrists? Medical experts will answer these questions in court.

You cannot refute all of this evidence on your own.

This Is Why You Need a Miami Defense Attorney as Soon as Possible

If you have been arrested and charged with domestic violence, you need to call an attorney right away. Believing in your own innocence and being confident that there is no evidence to prove your guilt will not be enough to protect your reputation and your freedom if your case goes to trial. 

Have You Been Accused Of Domestic Violence In Florida?

You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

I also recommend that you download a free copy of our special report "He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida".  The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.

 

Daniel Izquierdo
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Coral Gables defense lawyer helping clients accused of Federal Crimes, DUI, Domestic Violence & Sex Crimes.