In most domestic violence cases, charges will not be brought directly by a prosecutor. Instead, generally, such charges will be instigated either by a police officer or by a magistrate. However, prosecutors do have the ability to bring charges against individuals accused of committing domestic violence by going in front of a grand jury and seeking a direct indictment.
Such an action would only occur in the most serious domestic violence cases such as those that give rise to felony charges, rather than simple misdemeanor domestic violence charges. However, regardless of which type of domestic violence you are facing, it is important you consult with an experienced domestic violence attorney to build a strong defense and ensure your rights are protected.
Domestic violence typically entails two separate actions, assault and battery. Battery involves unwanted touching that is done with the intention to do harm, while violence involves an attempt or an offer to commit a battery. Therefore, a prosecutor must prove the existence of each of these elements in order for an individual to be convicted of domestic assault.
A prosecutor in Manassas must demonstrate that the alleged victim is a family or household member of the defendant in order to obtain a conviction under domestic violence charges.
Evidence-based prosecution in Manassas domestic violence cases refers to the idea that a prosecutor will bring forward evidence at trial in the form of witness testimony or physical evidence in order to prove the guilt of the accused. Such cases are defended against by marshaling all of the evidence in favor of the defendant and by determining any possible means by which the government’s evidence can be attacked or discredited. In order to convict an individual of domestic violence, a prosecutor must prove every element of such a charge.
A successful defense is constructed on a foundational understanding of the legal requirements necessary to achieve such a conviction.
One of the benefits associated with an alleged victim testifying is that the defendant’s attorney will have the opportunity to cross-examine them. This allows the attorney to examine any inconsistent or implausible statements that may be challenged. Additionally, the defendant’s attorney will have the opportunity to place under scrutiny the credibility of the alleged victim as well as that of their testimony.
This may be achieved by revealing past inconsistent statements or instances of violence. In a domestic violence case, the characteristics of both the accused and the alleged victim may be considered, so the defense is provided a unique opportunity against the prosecution.
It is important that an individual who has been charged with domestic violence in Manassas hire an attorney who has a good relationship with the local prosecutor because such a relationship provides the defendant with the best opportunity to work out a plea agreement in their case.
It is very important that an individual hires an attorney who does not have a negative relationship with the prosecutor’s office in order to ensure that both sides of the case engage in cooperative negotiation.
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