If you are being charged with domestic battery 3rd degree (officially known as battering in the 3rd degree) in Little Rock or Arkansas, evidence of physical injury can be condemning. But, the State must prove you were the cause of said injuries. Here’s why that’s harder than people think.
No Outside Witnesses
First, it’s hard because there are usually no witnesses to the event. In these “he-said, she-said” situations, we focus on three things to ensure a positive result for the defendant/respondent:
- Expert witnesses — we make sure that the alleged injury matches the actual injury.
- Excluding improper evidence — we know what is allowed, and what is not. If evidence is not allowed, we fight to remove it.
- Admitting favorable evidence — we focus on telling your story based on the facts.
Classic Evidentiary Blunders
Prosecution and the alleged victim can also make mistakes that can work in your favor. For example:
- Officers don’t take photos of injuries
- Officers arrest both parties, resulting in both parties facing the same charges.
- The alleged victim changes their story. “Oh, I overreacted.” “Oh, I was drunk.” “Oh, it wasn’t that big of a deal.”
These hurt the victim’s credibility, thus giving us the advantage.
The State Has a High Burden of Proof
Remember, to be convicted of a domestic battery third degree charge in Arkansas, physical injury alone is not enough for a conviction. The State has to prove that you were the cause of that injury. We win these cases through focus on favorable evidence and highlighting the mistakes of the other side.
We Simply Win Domestic Battery 3rd Degree Cases
If you’ve picked up a DB3 charge in Arkansas, you’re facing up to a year in jail and thousands in fines. Give us a call, and we will fight aggressively to get you a “not guilty” conviction, or reduced as low as possible.
Ludwig Law Firm
Phone: 501-868-7500
Website: ludwiglawfirm.com
Serving clients throughout Arkansas.
Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.