Domestic violence is a significant problem today, and there is a lot of dispute as how to often domestic violence is prosecuted accurately. Anybody who is accused of a felony requires a strong defense in court, no matter the circumstances.
In many cases, somebody who is an alleged victim of domestic violence does not want to testify in court. And if a couple is married, the court cannot force one person to testify against the other. This can create a complicated situation in which you are charged with a crime in which no victim testifies.
What happens in cases like these? Can you still become convicted of domestic violence, even if a victim fails to testify? In short, yes.
A Defendant Can Still Be Prosecuted
The short answer is that you can still be prosecuted and convicted of domestic violence even if an accuser fails to testify. The long answer is that your conviction depends on a number of different factors. Many people mistakenly believe that they do not have anything to worry about if the victim chooses not to testify.
Another common thing that happens is that the domestic violence accuser decides to drop the charges. Unfortunately for the individual who is on trail, the accuser does not have this power. The prosecution must decide if they will drop the charges against the defendant.
Other Evidence May Be Available
In some cases, testimony from an alleged victim is not the only evidence available. In fact, the prosecution could have evidence such as photographs of injuries, medical professional testimony, police testimony, and witness testimony. Other evidence can be used against you, and the prosecution may decide that it has enough evidence without testimony to continue with the case.
Your criminal record could also be used against you in court. If you have a history of domestic violence, a judge may allow the jury to see this information. It could impact your case, regardless of any witness testimony.
You Should Still Hire an Attorney
Often, people who are innocent do not think they need to hire an attorney to defend them in court. This is a big mistake, as you can still be convicted even without a victim's testimony. When you are facing felony charges, you cannot afford to simply let the court go about its business. You should hire somebody to represent you and protect your rights.
To learn more, contact a felony lawyer in your area.