The Alleged Crime: My client was charged with one count of Battery Domestic Violence, a misdemeanor.
The Evidence: The alleged victim claimed that her then-boyfriend and father of her child grabbed her arm and pushed her to the ground in the driveway of the house where he was living. When she reported the incident the next night, the police took her statement and photos of her injuries, but did not further investigate the incident.
The Trial: I cross examined the victim regarding her version of events and was able to show that she had at least four different versions of her story. For example, on direct examination she claimed that she went home after the incident, where her brother called police about an hour later. In fact, I was able to show that she did not report the incident to police until over 24 hours afterward. I was also able to get her to admit that she probably made physical contact with my client first. No evidence was presented that my client pushed the alleged victim to the ground.
In addition, I called two witnesses to testify on behalf of my client. One of the witnesses saw the alleged incident, but explained that he saw my client grab the alleged victim’s arm only after she swung at him, and only in self-defense. His testimony came off as credible because he admitted that he felt both parties were in the wrong. The other witness explained how the alleged victim stayed at the house for several hours after the incident and had no visible injuries at that time.
The Defense: It was our position that my client acted only in self defense. When arguing self defense, the prosecution must prove beyond a reasonable doubt that the defendant did not act in self defense if any evidence of self defense is provided.
The Outcome: My client was found not guilty of all charges.