Challenging the state’s evidence is usually the most effective defense in an assault or any other criminal case. Prosecutors must establish guilt beyond any reasonable doubt. That’s the highest standard of proof in Georgia law. This high burden of proof is especially hard to meet in assault cases, mostly because of the kinds of evidence prosecutors must rely on. More on that below.
Assault cases often end up in civil court as well. Many assault victims get a few dollars from Georgia’s crime victim compensation fund, but substantially more compensation is available in civil court. These cases are easier to prove because the burden of proof in civil court (a preponderance of the evidence, or more likely than not) is much lower. But that’s the subject of another blog.
Most civil cases settle out of court, and most criminal cases settle out of court as well. In both forums, settlement is a process, not a result. For a Marietta criminal defense lawyer, settlement negotiation preparations and trial preparations are much the same. In each case, a well-developed defense usually produces dramatic results.
Procedural Issues
Random, mugging-type assaults are rare in Georgia. Most assaults are arguments between friends or family members that, mostly because one or both people had been drinking, become violent.
Unreliable tipsters are an issue in many of these cases. An unreliable tipster may provide accurate information. A blind squirrel occasionally finds a nut.
Motive may be one of the most important reliability factors. If Tim calls 911 to report an assault in progress or summon emergency medical help because of a serious injury, Tim’s motive is mostly pure hearted. However, if Tim reports a non-serious injury assault after the fact, he may be essentially a tattletale.
Bias affects credibility as well, especially in domestic assault cases. As many as a third of victims either fabricate or exaggerate the facts. Some of these alleged victims are like Tim the tipster. They want to cause trouble for the defendants. Other alleged victims want an edge in a parallel family court proceeding.
On a related note, affirmative defenses, such as self-defense, are also available in many cases. Basically, self-defense is a proportional use of force to counter a perceived, immediate threat to people or property.
If Jorge takes a swing at Luis, Luis has the right to take a swing at Jorge. Luis may even have a right to use a weapon, if he reasonably believes the threat warrants such an elevated response.
Georgia is a stand-your-ground state. Therefore, it’s easier for a Marietta criminal defense lawyer to establish this defense in court and at least cloud the evidence enough to create a reasonable doubt.
Substantive Issues
Beyond a reasonable doubt basically means the prosecutor must amass an overwhelming amount of testimonial and documentary evidence. Additionally, this evidence must fully support the prosecution’s version of events.
Witness Testimony
One former Supreme Court Justice called eyewitness testimony the most compelling and least reliable form of evidence in a criminal case. Something almost magical happens when disinterested witnesses swear to tell the truth and tell jurors what they saw. But their recollection is often warped, at best.
Prosecutors often call witnesses in bar fight-type assaults. Right off the bat, identification could be an issue. So, the most dramatic moment in a witness examination (the witness points to the defendant and says “that’s the guy”) could be a farce.
Many eyewitnesses pick defendants out of stacked lineups. Single photo “is this him” lineups are almost per se unreliable. In these cases, most people feel intense pressure to say “yes” even when they really mean “maybe.”
Live lineups usually aren’t much better. Most live lineups are single blind. The witness doesn’t know the suspect’s identity, but the administering officer is in on it. So, s/he subtly, or not so subtly, gives the witness clues, such as placing the suspect in the middle or asking the classic “are you sure it’s not number three” question.
In each case, simple changes make lineups much more reliable, like a three-picture lineup or a caveat like “the perpetrator may or may not be present.” But most police departments are anxious to file charges against someone and close investigations.
Victim’s Testimony
Trauma adversely affects recall in several different ways. Memory fragmentation is a good example, and also a very common example. Trauma victims cannot accurately recall the events in sequence, especially small and often insignificant details. Memory fragmentation isn’t a big deal in most cases, but it’s a very big deal in criminal court. The burden of proof is so high that prosecutors have little margin for error.
DA (Dissociative Amnesia) is a less common and even more serious condition. In some cases, the brain essentially uses memory loss as a coping device. Sometimes, a Marietta criminal defense lawyer partners with a psychologist or other expert witness who provides testimony on this subject.
Lawyers walk a fine line when they undermine the credibility of eyewitnesses, and especially the credibility of alleged victims. If a lawyer is too aggressive, the interrogation antagonizes jurors. If lawyers pull their punches, the whole exercise is useless. Even though they aren’t supposed to, jurors usually give eyewitnesses and alleged victims the benefit of the doubt.
Medical Evidence
A few final words about medical evidence in certain assault cases. Medical evidence is usually only important in aggravated assault cases. Ordinary assaults only require a slight intentional injury, like a bruise or scratch.
Prosecutors often elevate ordinary assault charges to aggravated assault if the alleged victim sustained a serious injury, which is basically an injury that requires emergency care.
Many alleged victims visit for-profit emergency care clinics. Recordkeeping at such clinics, especially mom-and-pop clinics, is often spotty. Furthermore, authenticating the records could be an issue. That’s especially the case in assault matters. Eight or ten months, at the minimum, usually pass between the assault and the trial.
Challenging the evidence is usually the best defense in an assault case. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. After-hours and jail visits are available.
