Prosecuting Domestic Violence Charges in Newport News

Being accused of domestic violence could have severe consequences. Alleged offenders could face jail time and pay hefty fines. There are various circumstances in which a prosecutor could bring about domestic violence charges including having sufficient evidence against the alleged offender.

Those who have been accused of domestic violence should speak to a tenacious domestic violence attorney to combat the charges against them. They could provide information about the charges against you, the available evidence, and more. A committed criminal defense attorney could help you learn about all your legal options and how prosecuting domestic violence charges in Newport News could affect their case.

How Charges Are Brought Forward

Charges could be brought about when the Commonwealth believes there is probable cause that a crime of domestic violence happened, and there is a reasonable belief that this could be proven beyond a reasonable doubt in court. Generally, when there is an allegation of domestic violence, prosecutors and magistrates are going to err on the side of caution, bring the charges, and the court could find a resolution.

The prosecutor must show that the defendant committed some form of battery upon a family or household member as defined by the Virginia code and that it occurred within the city limits of Newport News. A prosecutor may use evidence-based prosecution to prove their case in court. The evidence-based prosecution is where prosecutors rely less on witness statements because those are unreliable, and rely more on physical evidence such as pictures or videos or things like that. A lawyer cannot be forced to make statements to present to the judge.

Putting An Alleged Victim on the Stand

Most of the people in court testifying such as victims are not people who testify on a regular basis like police officers. Police officers when they take the stand to know exactly what they need to testify to and do not need much prompting. Victims do not have that experience, so the prosecutor may have to walk them through a few times, or they may miss elements they need to testify to because they just do not realize that it is something they need to say, and the prosecutor is unable to get it out of them. Victims could be brought to the stand to testify to their version of the events. Their testimony could make or break a case especially when prosecuting domestic violence charges in Newport News.

Benefits to the Defense

Witnesses could be emotional and an attorney can often use that to their client’s advantage. An attorney could ask pertinent questions and possibly fluster the witness. If they do not answer correctly or an attorney is able to press them on certain answers, they may become flustered and may become angry on the stand, which will reflect badly on them. Also, if they made previous statements to police officers or in previous court hearings that conflict with their statements on the stand, that gives the lawyer an opportunity to attack their credibility.

Consequences to the Defense

Depending on the case, some alleged victims are more sympathetic than others, especially if the alleged victim is severely injured, an attorney has to be careful when asking questions. Judges are human, and if they feel an attorney is taking advantage of someone who is fragile, they might hold that against them. Also, some witnesses have good recall of the events that occurred and a lawyer may try to push them. This could be challenging to the defense because they are going to stick firmly to their story and if there is nothing to show that their recollection is wrong, an attorney could make it worse.

The Importance of Understanding the Prosecutors

The goal of a proficient defense attorney is to get a case resolved without going to trial since they are risky. When the judge makes that ultimate decision, the judge could find the client guilty or not guilty. If they find them guilty, they could sentence them anywhere within the range that the law allows. No matter how strongly they feel about a case, they are taking a risk. If a person and the prosecutor are able to reach a resolution on a case that mitigates their risk.

It may be beneficial for the defense attorney to have a good working relationship with prosecutors. If the prosecution does not get along with a lawyer, they are not necessarily going to do anything improper or unfair, but they may be more inclined to prosecute a case wherein another situation they might be willing to work out a resolution.

How an Attorney Could Help Defend Against the Prosecution of Domestic Violence Charges in Newport News

Domestic violence charges are taken extremely serious in Newport News. A conviction of a domestic violence charge could have serious consequences to the offender. A tenacious attorney could help a client defend themselves against the charges. It is important to understand how Prosecuting Domestic Violence Charges in Newport News could affect your case.

An experienced attorney could make the difference in a case. From gathering evidence to arguing on your behalf in court, a lawyer could be your best chance for minimal consequences. Those who have been accused of domestic violence should speak to a well-practiced criminal defense attorney to learn more about their legal options and how to build a strong defense. Call today to start building your defense.