Plea No Contest to Domestic Battery?
REMEMBER: The STATE has the burden!First, the issue in the criminal case is not whether you are actually guilty of the act of domestic violence, but instead, whether or not the State can prove that you are guilty of the crime of domestic violence. The State must prove that you and the alleged victim were living together, related, or have children together in or order to prove the element of "domestic." Next, the state has to prove that you actually battered the alleged victim. That means that they need to prove that you, and not someone else, battered the alleged victim. They must also prove that the act was not in self --defense, or, even worse, that the act was not consented to.
Most of the time PHotOS are NOT enough!Next, photos alone are not enough to prove that you have are the person who caused the bruising, swelling, etc. to the victim. Instead, the State must show that it was YOU in fact caused those injuries. If the alleged victim is no longer angry with you, he or she may not be willing to tell the State in open court and in front of the jury that you are actually the party that caused the bruising. They may be afraid of facing a perjury charge, they may not want to admit that they hit your first and therefore face a battery charge themselves, or they may not want feel comfortable in the presence of law enforcement. The bottom line is, there are usually only two witnesses to most domestic violence charges. Those two witnesses are usually only defendant and the victim. If the State is not able to get either of those two witnesses to communicate to the jury the defendant was the source of the injury, it will be very difficult for the State to get a jury to convict.
Police reports are HEARSAY!Finally, the fact that a police officer is willing to testify as to what the affiant, the victim, said to the officer the scene, will often be hearsay if not validated by the alleged victim at trial. The police report itself is hearsay and unless the prosecutor can find certain hearsay exceptions, will not be admitted. The fact that the police officer is there to testify is not, in and of itself, enough reason to enter a guilty or not guilty plea.