1st offense domestic assault
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1st offense domestic assault
I live in tn the police
were called by the
neighbor claiming i had
assaulted wife but there
were no physical signs and
said they do not need
signs or a victim for the
state to pick it up. Is
this true? I now have
court today. I do not have
a lawyer how do you think
this will play out
Asked on July 10, 2017 under Criminal Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, there is no strict legal need for physical signs of abuse. Certainly, if there are, that can be powerful evidence for the prosecution; and if there are none, it casts doubt on the wife's story and undermines her credibility, and so a lack of physical evidence could lead to an acquittal, or even to the charges being dismissed. But again, technically, they are not needed, and if there is a logical explanation for the lack of physical signs and the wife is a credible witness--especially if she is more credible or believable than you--you can be prosecuted and convicted without physical signs. What will happens will depend on how credible you and she are, and how logical or reasonable her story is, and likewise, how logical or reasonable is your defense or alibi.
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