Columbus Domestic Violence Lawyer
Have You Been Charged with Domestic Violence or Assault?
With an increasing media awareness of domestic violence within homes, law enforcement and courts alike are working tirelessly to put offenders behind bars, pursuing the strictest penalties available. Domestic violence is defined as the knowing and willful attempt to cause harm to those within their immediate family or other household member. This can include physical harm or the use of threats to induce fear of imminent harm.
As domestic violence occurs usually within the walls of a home, other than the alleged victim, there is usually never a witness to the crime. Litigating crimes of this nature is difficult as it often falls into a gray, murky area of the law. Incidents of supposed domestic violence often happen in the heat of the moment, and can even be used as a weapon. Once a charge of domestic violence is made it is no longer in the hands of the accuser to pursue the charges, but rather completely up to the prosecutor. Many times, the accuser makes an accusation in haste and wishes to withdraw the allegation, but by then it is simply too late.
Recantations In Domestic Violence Cases
It is not uncommon for victim-spouses to recant in the days leading up to a trial. In this instance, prosecutors must evaluate the evidence from the date of the arrest and compare it to the alleged victim’s “new” version of events. This is a phenomenon that troubles courts and prosecutors.
So, what happens to a domestic violence case when the alleged victim changes his/her story in an effort to exonerate their family member? Normally, the prosecution is left with a crippled case and may need to reduce the charges or dismiss the case outright. If it is a felony domestic violence (due to a prior conviction for an offense violence against a household member) then the prosecutor is likely to evaluate the case as “battered spouse syndrome”. The prosecutor may not need the testimony of the alleged victim. Many times the responding officers can prove the case via their eye-witness testimony of fresh injuries, body-camera video footage, photos of injuries, and the initial statements made by the alleged victim. Also, the prosecutors can cross-examine their own victim at trial with prior inconsistent statements given to the police.
Just because the alleged victim tries to recant does not always result in a case being dismissed.
If you are in a situation such as this, it is vitally important that you do not hesitate to contact a Columbus domestic violence attorney as quickly as possible.
Experienced Domestic Violence and Assault Defense in Columbus
At Koffel Brininger Nesbitt, they understand the severity of charges of this nature and are completely dedicated to offering our clients the best protection possible. By working tirelessly to research and prepare for trial, they are never caught off guard, but rather cover all of their bases. If you choose to work with a lawyer from the legal team at their firm, you can be confident that your future will be in completely trustworthy and capable hands.