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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
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Experience:  Licensed Texas General Practice Attorney
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Customer Question

my son has been charged with 8 counts of domestic violence. He has 5 incidents & was charged with 273.5a & 245(a)1, although some of the incidents do have some evidence others do not have any except her hearsay. can he be convicted of those incidents (they hold both counts, when there is no proof just her word?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Yes, he could be convicted based upon her testimony alone. While the Bible holds that there has to be at least 2 witnesses to a crime to convict, US Federal (and every state in the US) say that someone can be convicted even based upon a single witness or the victim's testimony.

ScottyMacEsq :

Now where there are no other witnesses, the testimony of the sole witness / victim would need to be "credible" and is subject to attack on credibility, but assuming that the jury finds, beyond a reasonable doubt, that the defendant committed the crime, then that would hold up.

ScottyMacEsq :

The key would be to inject a "reasonable doubt" into the situation (such as showing bias, credibility issues, holes in the story, ways the story has changed over time, or conversely, ways the story has stayed the exact same (as that would indicate fabrication and rehearsal), differing accounts given to friends, family members, etc..., as well as alibis for the defendant).

ScottyMacEsq :

But assuming that the jury believes the victim, even the testimony of that victim would be enough to convict.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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