Is one eyewitness enough to prove that you’re guilty of a crime?
However unfair as it may seem; the prosecutor can file charges against you even if they only have one eyewitness to support the charges. In domestic assault and criminal sexual conduct cases, often the only eyewitness the prosecutor has is the alleged victim of the offense. That person’s statement is often enough for you to be charged and convicted of the crime.
Is physical evidence needed?
In many domestic assault and criminal sexual conduct cases, there is little to no physical evidence supporting the charges. Contrary to what many people believe, the prosecutor does not need any physical evidence of your guilt. The witness’s testimony is direct evidence that the prosecutor can use to convict you of a crime. Because of this, the best defense in these cases is often to discredit the witness.
How do you discredit a witness’ statements?
A thorough investigation of the alleged victim’s background, including whether they have been convicted of any crimes is part of the discrediting process. A good criminal defense lawyer will also go over that witnesses’ statements to law enforcement and others to look for any inconsistencies. This type of aggressive preparation can result in the dismissal of charges before trial. If the case goes to trial, however, this preparation will allow the criminal defense lawyer to thoroughly cross-examine the witness, which could result in you being found not guilty of the charges.
The attorneys at Sieben & Cotter have experience in these types of situations. The attorneys at Sieben & Cotter have handled multiple cases of domestic assault and criminal sexual conduct where there was only one eyewitness to the alleged crimes. We have obtained not guilty verdicts and dismissals of charges in these situations.
Whether you face state or federal charges, our law office can help. We will listen to your story and provide a comprehensive consultation at no charge.