Terenzini & Lucero, LLC
Terenzini & Lucero, LLC

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Who has the burden of proof in a domestic violence case?

On Behalf of | May 19, 2023 | Domestic Violence |

Criminal charges can elicit a mix of emotions from the defendant – one of which is confusion, especially since the law has complex concepts. Aside from legal concepts, the defendant may also find court procedure perplexing. This includes the process of bringing evidence to court. If you are the subject of a domestic violence accusation, you might ask, “Do I have to prove my innocence, or does the prosecutor have the burden to prove guilt?”

The prosecutor must provide evidence

In criminal cases like domestic violence, the prosecutor must prove the defendant is guilty beyond a reasonable doubt. The evidence must be strong enough to convince the judge or the jury that the claim is true. Usually, the prosecutor will mainly rely on physical evidence, such as medical reports and photos of injuries. They will usually supplement this with circumstantial evidence, including witness testimonies.

It is not a pass to stay idle

A simple accusation can already affect an individual’s reputation, relationships and opportunities. Imagine how a conviction can totally destroy one’s life. While the burden of proof is with the prosecutor, the defendant, with the help of a competent representation, must prepare to counter the prosecution’s arguments. For instance, if the defendant uses an alibi as a defense, gathering and submitting evidence pointing to that assertion is necessary.

If you are facing a domestic violence charge, it is important to equip yourself with knowledge about legal concepts and court processes to ensure you are protecting your rights and preparing for the appropriate defense.

Terenzini & Lucero, LLC.

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