Evidence Used to Build a New York Domestic Violence Defense
It can be difficult to begin collecting evidence used to build a New York domestic violence defense if you are facing a felony charge alone. Having any sort of criminal record makes common everyday things difficult but if a person has a violent felony on their criminal record, their employment opportunities, their academic opportunities are going to be dramatically reduced along with living the life the way they want; that is pretty much non-existent.
It is extremely important to be prepared to address the charges in a strongest way possible. An experienced domestic violence lawyer can help you put together a defense in a favorable way.Commonly Compiled Evidence for the Defense
Often, an appropriate piece of evidence used to build a New York domestic violence defense is a statement or statements from the complainant. In which, they admit that either the situation didn’t happen or that the accusation is false, if these conversations can be recorded and presented to the prosecutor, they can result in quick and favorable outcomes.What is the Role of the Prosecution
It is the prosecutor's role to decide how to proceed with the case, but a statement from the alleged complainant indicating that they have no desire to go forward or press charges or that the incident was made up usually facilitates a discussion with the prosecutor that may lead to the case being dismissed.
The standard evidentiary pieces are always sought, such as a captured recording, witnesses, any sort of medical record, and the alleged complainant's history to get a sense of bias. All of those things help thoroughly prepare for defense.Presentation of a Family Violence Defense
Defense attorneys can sometimes demand a case be dismissed based on what they think is completely exculpatory evidence. Meaning, either the complainant says that this did not actually happen or they have a video showing that the event did not occur.
Sometimes they are able to present mitigating factors that they have uncovered which they think lessen any sort of criminal culpability and are able to present that and kind of work out and negotiate a lower deal because of it.
Sometimes, a judge decides if evidence used to build a New York domestic violence defense is substantial and can have an effect on plea negotiations. To learn more about presenting a defense for your case, speak with a distinguished criminal attorney right away.