Prosecution Tactics in Domestic Violence Cases
Prosecutors in domestic violence cases often rely on aggressive strategies to secure convictions, even when the evidence is weak. Statements from the accuser, 911 call recordings, and medical reports are commonly used to build a case, but not all allegations are supported by clear proof. Understanding how prosecutors approach domestic violence cases can help individuals accused of these offenses prepare for the legal battle ahead.
Using Victim Statements to Build a Case
If you are facing domestic violence charges, you may assume the case will be dropped if the alleged victim refuses to cooperate. However, prosecutors do not need the victim’s testimony to move forward. They often rely on prior statements, 911 calls, and witness accounts to build a case against you. Understanding how the state gathers evidence can help you prepare for what lies ahead.
If someone called 911 during the alleged incident, that recording can be used as evidence in court. Prosecutors rely on these real-time statements to support their case, arguing that victims are most honest in the heat of the moment. If the victim later changes their story, prosecutors will likely compare it to what was said in the 911 call.
Leveraging Prior Allegations and Protective Orders
If you have been accused of domestic violence before, even if you were never convicted, prosecutors may try to use your past against you. Courts sometimes allow prior allegations, protective orders, and dismissed charges as evidence to show a pattern of behavior. Even if you were never convicted, prior accusations can still be used against you.
Prosecutors may use:
- Past police reports
- Witness statements from previous incidents
- Testimony from ex-partners or family members
- Protective orders, even if they were later dismissed
This creates a serious challenge for the defense because past accusations (true or not) can influence a jury’s perception of your case.
Protective Orders and Their Impact on Defense Strategies
Prosecutors may argue that a protective order was issued because you posed a danger, even if there was no physical violence involved. Violating a protective order carries separate criminal charges, which can increase penalties and make it harder to defend the case. Even if the alleged victim invites contact, the court still considers any violation as a crime.
Offering Aggressive Plea Deals to Secure Convictions
Most domestic violence cases never go to trial because prosecutors aggressively push plea deals. They do this to avoid trial, secure a quick conviction, and impose legal penalties without having to prove the case beyond a reasonable doubt.
Plea deals can offer a quicker resolution, providing victims with a sense of closure and justice. However, defendants may feel pressured to accept a deal even if they believe the evidence doesn’t fully support the charges. While this process helps manage case backlogs, it can sometimes lead to compromises that don’t fully address the complexities of the case.
Pressuring Defendants With Enhanced Charges
Prosecutors often add additional charges or increase penalties to pressure defendants into taking a plea deal. If you have a prior conviction, they may threaten to upgrade your charge to a felony. Defense strategies in domestic violence cases are essential because a plea deal is not always in your best interest.
Some of the most common reasons prosecutors push plea deals in domestic violence cases include:
- Securing a conviction without going to trial
- Avoiding the risk of victim recantation
- Preventing delays in the court system
- Strengthening a future case if another charge is filed
- Imposing legal penalties, even with weak evidence
If you are being pressured into a plea deal, knowing the long-term consequences of a guilty plea is critical. Many plea agreements come with lifelong restrictions, including criminal records, probation terms, and prohibitions on owning a firearm.
Contact an Experienced Tucson Domestic Violence Lawyer at Katsarelis Law Criminal Defense Attorneys Today For Help
If you’ve been accused of domestic violence, time is of the essence. A prosecutor may already be building a case against you. It’s best to speak with a lawyer in order to better understand your rights and legal options. Contact an experienced Tucson domestic violence attorney at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439