Prosecution of Domestic Violence Cases in Mecklenburg County
A prosecutor usually will prosecute a case if someone has been arrested for domestic violence or will assist in going to a magistrate to obtain a warrant for their arrest. The prosecutor rarely looks at a case and decides not to go forward with it. Domestic violence cases are taken very seriously by prosecutors in Mecklenburg County. Therefore, if you are facing charges, contact an attorney who is knowledgeable about the prosecution of domestic violence cases in Mecklenburg County. An accomplished domestic violence lawyer could help you build a strong defense and fight against the prosecution’s case.
Prosecutor’s Burden of Proof
A prosecutor must prove with evidence beyond a reasonable doubt that the accused engaged in violent conduct against the alleged victim, that they were in a domestic relationship as defined by the Code of Virginia, and that the offense took place in Mecklenburg County. If they can prove each of those things beyond a reasonable doubt, they stand to receive a conviction.
Evidence-based prosecution is when a criminal charge is brought forth and evidence must be presented at trial. Just based on the evidence, the facts will be decided by a judge who will determine whether an accused is convicted or acquitted of a domestic violence charge.
Putting the Alleged Victim on the Stand
During the prosecution of a domestic violence case in Mecklenburg County, the alleged victim will likely be placed on the stand to testify. The alleged victim will be the primary witness to any alleged act of domestic violence and because of that, they will be a necessary witness in almost all domestic violence trials. A prosecutor often will not be able to prove their case if the alleged victim does not testify.
Prosecutors often face challenges in domestic violence trials when the alleged victim and the accused are in a domestic relationship and even after an allegation of domestic violence, the parties tend to have some emotional connection to each other. That can make the alleged victim reluctant to testify against the accused or reluctant to seek a criminal conviction against them. In those circumstances, it can make it difficult for the prosecution to proceed with a case.
Defending Against a Domestic Violence Charge
A seasoned lawyer could defend someone by contesting the evidence as presenting by the prosecution, by confronting the witness called by the prosecution, and by submitting their own evidence in the defense of the accused. An attorney will do this through a consultation with the accused and by drawing on their training or experience with domestic violence cases. Such challenges often lead to poking holes in the prosecution’s case or revealing other contexts that can clarify the situation and contrast it to how the prosecution presents its case.
Benefits of a Local Attorney
A local domestic violence attorney will be familiar with the local prosecutors, and because of that relationship, they will know each other’s strengths. A local lawyer will know what they will face when they go into a trial and will be familiar with each other’s strategies and tactics. That, in turn, could lead to an individual having the best possible chance of getting a favorable outcome from the case. Call an attorney today for more information about the prosecution of domestic violence cases in Mecklenburg County.