Prosecution Tactics in Domestic Violence Cases in Texas
Domestic violence charges are aggressively pursued by prosecutors in Texas. Once police make an arrest, the case often moves forward regardless of whether the alleged victim no longer wants to press charges. Learning about how prosecutors handle Texas domestic violence cases is critical if you’re facing allegations. Their strategies are designed to secure a conviction no matter what, and they often rely on tactics that put defendants at a disadvantage.
No-Drop Policies
One of the most important tactics prosecutors use is the “no-drop” policy. This means that once charges are filed, the case may continue even if the alleged victim decides not to cooperate. Prosecutors argue that victims may recant because of things like fear or financial dependence on the accused. Instead of dismissing the charges, the state may choose to proceed using other kinds of proof. They may use other evidence like witness testimony and photos and videos. This approach reduces the role of the victim’s cooperation, but it also could increase the likelihood of the case moving to trial.
Use of 911 Calls and Excited Utterances
Texas prosecutors often rely on 911 recordings as key evidence. Under the rules of evidence, statements made during an emergency can sometimes be admitted even if the victim doesn’t testify at trial. These “excited utterances” are considered reliable. This is generally because they’re made under stress and without time to fabricate. By introducing 911 calls or bodycam footage, prosecutors try to present the victim’s version of events directly to the jury. They may need to do this in certain circumstances, such as if the victim later refuses to testify.
Emphasis on Prior History
If you have past arrests or allegations of violence, prosecutors may attempt to bring that information into court. Texas law does allow certain prior acts to be admitted to show criminal intent, depending on the facts and circumstances of the situation. This can paint the accused as someone with a pattern of violent behavior to potentially weaken their defense. Prosecutors use this tactic to strengthen weak cases and create a narrative of ongoing abuse. Defense attorneys often fight hard to exclude this evidence, but juries sometimes hear it anyway.
Photographs and Medical Evidence
Physical evidence is heavily emphasized in domestic violence cases, as things like photos of injuries and medical records showing treatment are powerful tools for the prosecution. Prosecuting attorneys often introduce this evidence early and repeatedly. It’s a tactic used to remind the jury of the visible impact of the alleged abuse. This can make it more difficult for the defense to argue that the incident was exaggerated or fabricated.
Pushing for Harsh Penalties
Domestic violence convictions in Texas can carry severe consequences. They can include jail time, fines, and the loss of firearm rights. Prosecutors often seek enhancements that increase penalties, such as:
- Assault by strangulation or suffocation
- Offenses committed against family or household members
- Cases involving repeat offenders
These enhancements can potentially elevate a misdemeanor to a felony. This raises the stakes significantly for defendants. It’s especially important to hire a criminal defense attorney if you’ve been charged with a felony.
Contact a Corpus Christi Domestic Violence Defense Lawyer if You’re Facing Charges
At the end of the day, domestic violence cases in Texas are prosecuted with tactics designed to maximize conviction rates. If you’re facing charges, it’s vital to hire an experienced criminal defense lawyer. They can level the playing field and help you fight back. Schedule a consultation today with Barton & Associates Attorneys at Law, PLLC to learn more about your legal rights and how a Corpus Christi domestic violence lawyer can help you present your best defense.
Barton & Associates Attorneys at Law, PLLC San Antonio
115 Camaron St, San Antonio, TX 78205
Barton & Associates Attorneys at Law, PLLC Corpus Christi
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415