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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27467
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was accused of forcible touching no evidence was presented

Customer Question

I was accused of forcible touching no evidence was presented its basically a he say she say case and they are not trying to lower this to a b misdemeanor or even lower so I will have to force this to trial to prove I'm innocent I have a great job that I cannot lose I am very afraid
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


Unfortunately, many cases are he said/she said cases. The words of the complainant are evidence, however, and at trial a judge will charge the jury with the fact that the testimony of one witness is sufficient for them to vote to convict, if they believe the evidence beyond a reasonable doubt. That said, a criminal defendant never has to prove his innocence. It is the job of the state to prove guilt and the DA must prove it beyond a reasonable doubt. It's the heaviest burden known in all of law, and this is not going to be a slam dunk for the prosecutor without any corroborating evidence.

Though I cannot tell you not to worry about this case, in my experience I have found that if a deal is what you want, and your defense attorney draws the case out, eventually the DA will reduce the charges. I've seen some A misdemeanors turn into dis cons and ACDs when the case gets old enough so that the DA will agree to just about anything to get it off of his desk.