A person cannot be convicted of a crime without sufficient evidence. However, evidence that a defendant considers being questionable may be enough to convince a jury of guilt. This is one reason why a knowledgeable assault attorney in Austin is crucial for the defense before and during the trial.
Misdemeanor and Felony Charges
An accusation of domestic violence is one of the murky legal areas. In Austin, domestic battery is a misdemeanor; this is somewhat violent behavior that does not cause injury. A felony charge of domestic violence may be issued if the spouse or domestic partner was physically harmed.
A problem of evidence arises if nobody witnessed what happened, but a jury may be persuaded to believe the person is making the accusations. Defense by an assault attorney in Austin is important to make sure the jury understands the concept of reasonable doubt.
The case may be difficult for the prosecution to prove, but these cases also tend to be difficult for the defense to win. The prosecuting attorney believes the evidence is strong enough to bring the case to trial, and the judge must believe this also, or the case would have been dismissed. The challenge now becomes showing the jury why the evidence is inadequate.
Objections to Hearsay Evidence
Certain types of evidence are usually objected to in court. An example is known as hearsay, or the report by a trial witness of another person’s comments. The defense lawyer will object to testimony like this or a prosecution attorney’s questions about this. A judge, however, can overrule the objection.
In contrast, circumstantial evidence is allowed and may persuade the jury that the defendant is guilty. This is not direct evidence, such as a neighbor seeing one spouse strike the other in the front yard. Instead, circumstantial evidence might include neighbors testifying to shouting going on next door, after which one spouse was treated at a hospital emergency room. Strong defense from an organization such as the Law Office Of Jesse Hernandez is essential at instilling doubt.