can a phone call heard by five witnesses concerning a domestic assault charge hold up in court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
can a phone call heard by five witnesses concerning a domestic assault charge hold up in court?
i never assualted my girlfriend, only threatened her new relationship. she put her hands on me more than once. i left, returned for my things and was arrested. my girl friend then calls my mom, with my family present in the same room, and tells her i had done nothing, and she admitted to hitting me more than once
Asked on April 28, 2009 under Criminal Law, Tennessee
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
In any criminal case to convict you at trial the prosecution must prove, beyond a reasonable doubt, that you were guilty of the crime for which you are on trial.
That she may have hit you at one time is not any defense to your hitting her, although the jury may say "a plague on both your houses" and decide not to convict. But that rarely happens.
If the ex-girlfriend testifies you hit her, and the jury believes her, and does not believe you (if you testify -- and if you have a record your testimony is likely to be disbelieved) and does not believe all the family members who you bring in as witnesses who testify say she said you never hit her, that's enough for a conviction.
Also, threatening her new boyfriend may itself be a crime, and it certainly enough for the humans on the jury to conclude something along these lines: "this defendant is a bad guy. We may not be absolutely sure he hit her this time, but he sure did threaten the new boyfriend. That's enough for me. So let's find the guy guilty as he deserves to be punished." It happens ALL the time.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.