Even if you didn’t injure anyone, you could still be charged with aggravated assault or assault until proven innocent. However, the battery only occurs if you committed the actual offense of injuring someone else. These are often the charges brought to a court after a physical altercation.
An assault is, according to most definitions, the intentional putting of another person in reasonable apprehension of an imminent harmful or offensive contact. In assault cases, physical injury is not required. For this reason, using a witness testimony in an assault or aggravated assault case can end in a criminal conviction or charges being dropped against a defendant.
An experienced Houston assault attorney specializing in assault defense law in Texas can answer any questions you have and help you explore your options for settling the case.
The Burden of Proof
Most people don’t consider the complicated ways the law operates until they have to. For instance, you may not have realized that, in a criminal case, the prosecutor has to provide the burden of proof. From a legal standpoint, the defendant does not have to prove innocence. They simply have to present court proof that the prosecutor’s assertions are not completely correct. It is the prosecutor’s job to prove the case.
Prosecutors must prove that the defendant is guilty beyond a reasonable doubt using a standard of proof that is difficult to dispute. In addition, the prosecutor must show that a reasonable person wouldn’t doubt any charges.
How Important Is a Witness Testimony?
Witnesses are important in court trials and play a major role in proving the guilt or innocence of the defendant. In civil and criminal cases, witnesses are called to testify in court via a subpoena used by the prosecuting or defense attorney. Three types of witnesses are called to testify during a trial: eyewitnesses, character witnesses, and expert witnesses.
Eyewitnesses provide compelling evidence in criminal trials. This witness has observed an alleged crime first-hand and saw the perpetrators who participated in the unlawful event. In some instances, eyewitness testimonies are not reliable because of questionable facts, but the witness’s account will have a greater influence on the verdict than circumstantial evidence. Therefore, if more than one person witnesses the crime, criminal lawyers will often look to ensure that each witness has a similar account of the event to validate the evidence.
Character witnesses provide assessments and facts that address the personality and character of the defendant. In most instances, character witnesses are close friends or family members of the defendant. Character witnesses are essential in criminal trials since they can confirm the defendant’s behavioral history. Testimony from these witnesses is essential when the defendant’s honesty or morals are questioned. Character witnesses are often helpful in cases involving fraud, robbery, or white-collar crimes.
Expert witnesses are called upon to provide professional expertise on specific topics to the jury or judge. Expert witnesses include handwriting experts, physicians, forensic scientists, therapists, etc. These witnesses’ evidence is deemed reliable in court since it is based on verified facts and scientific research.
During a court trial, all witnesses must take an oath to confirm that they will be truthful while answering any questions or providing testimony in court. Therefore, witnesses could face charges for perjury if they are not truthful while testifying in court. In addition, most states require those who commit perjury to pay a fine; in some cases, perjury is punishable with a prison sentence of up to five years. Therefore, witnesses need to understand the importance of their statements when determining the verdict in an assault case.
Bottom Line
If you’re a victim in an assault case or you’ve been asked to be a witness in the case, contact an assault attorney as soon as possible to learn about your rights. A criminal defense lawyer specializing in assault cases can let you know what to expect when the case goes to court and how you should respond to subpoenas or other processes mandated by the court. You’ll also learn how to submit substantial evidence about your assault case so the charges against you are dropped, or you receive the settlement you’re entitled to.
As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. His greatest
satisfaction is to convey legal matters to the public in a language that they can understand.
He is active on various platforms and media outlets, writing about common legal issues that
people confront with every day. While medical malpractice is his strong suit, Leland covers
plenty of other topics, including personal injury cases, family law, and other civil and even
criminal legal matters.
