Cofer Luster Criminal Defense Lawyers | October 28, 2024 | Domestic Violence

Prosecution Tactics in Domestic Violence Cases

Domestic violence, known as “assault family violence” in Texas, is one of the most serious types of charges in Fort Worth, TX. If you are charged with assault family violence, you need to hire a domestic violence defense lawyer to protect you. 

An experienced attorney will know the most common prosecution tactics in domestic violence cases. They can use this knowledge to advocate for you and fight to keep you out of jail. Understanding the prosecutor’s next move is critical to winning a domestic violence case.

The Alleged Victim Is Always Right

Unfortunately, in most domestic violence cases, the prosecution believes anything that the alleged victim says. There is a perception that the alleged victim is always right. In reality, this couldn’t be further from the truth.

Many people lie in domestic violence cases. It’s common for the alleged victim to exaggerate or entirely make up the charges. This is especially common if there are coinciding child custody or divorce cases. 

Prosecutors may overlook holes in their cases or inconsistencies in the alleged victims’ statements. This means that they will continue to prosecute you even when their case is weak.

Arguing Against Bond

Domestic violence can be very dangerous. In 2021, 34% of all female murder victims were killed by an intimate partner. Because domestic violence can be deadly, it is taken very seriously in Texas, and judges are hesitant to issue bonds in domestic violence cases.

If you are arrested for assault family violence, the prosecution will undoubtedly argue against a bond. They will paint you as a dangerous person who will perpetrate further violence if released. A good defense attorney can explain to the court why you deserve a bond and hopefully secure your release.

Using Prior Arguments

Some prosecutors will twist normal arguments between partners to make them seem violent. In reality, every couple fights. Just because there is a heated argument doesn’t mean that there was domestic violence.

Prosecutors may use evidence of prior arguments to say that you were angry or upset with the alleged victim or that you had a reason or motive to act violently toward them. This can be damaging to your defense.

Relying On Prior Criminal Record

Many prosecutors will try to bring up a prior criminal record during trial. Generally, they cannot rely on a criminal record to prove conformity. Conformity means arguing that because someone was convicted of a dangerous crime in the past, they must be guilty on this occasion. 

Even though the record can’t be offered to prove conformity, your prior criminal record may be used for certain purposes, especially if you testify. For example, it could be used to prove motive, knowledge, intent, or more.

Unfortunately, once a judge or jury hears about a criminal record, they don’t usually forget. Some prosecutors will find a way to bring up your prior criminal record to prejudice the jury against you.

Monitoring Jail Calls

If you are arrested and held without bond, you can call friends and loved ones from jail. Unfortunately, many people don’t realize that these phone calls are recorded. Furthermore, the prosecutors are actively monitoring the calls.

If you talk about your case, the alleged victim, or anything relevant to the case, it could come back to hurt you, especially if you try to call the alleged victim when there is a protective order in place. 

Unfortunately, prosecutors will regularly take statements out of context and use them against you in court. That’s why it is best to avoid talking about your case on the jail phones.

Over-Charging Domestic Cases

Perhaps the most common prosecution tactic in assault family violence cases is to overcharge the defendant. Overcharging happens when a prosecutor files multiple serious charges against the defendant. The charges are often unsupported by the evidence. 

Some of the types of most serious domestic violence charges are:

  • Felony domestic violence
  • Aggravated domestic violence
  • Multiple acts of domestic violence in the prior year

As a result of overcharging, a defendant may become worried about the risk of going to trial. They may accept a plea offer for reduced charges, thinking it is a good deal. In reality, the prosecutor abused their power to coerce the defendant into accepting a plea.

A Domestic Violence Lawyer Can Help You Navigate Prosecution Tactics 

If you are facing charges of domestic violence, it is crucial to have an experienced legal team on your side. A skilled domestic violence attorney understands the tactics that the prosecution will try to use and should be prepared to fight for you.

For more information, please contact the domestic violence law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve Tarrant County and Fort Worth, TX surrounding areas.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101, Fort Worth, TX 76102