An Ohio man arraigned on four counts of kidnapping, two counts of felonious assault, and two counts of domestic violence was denied bond after a video surfaced showing him beating a woman and kicking her infant child across the room. Trumbull County Court of Common Pleas Judge Ronald Rice reportedly called the defendant Tyrell Williams a danger to the public.
The increasing use of smartphones and other recording devices has made it easier than ever for people to capture arguments, fights, and other acts of violence on video. These videos are often shared on social media. But they can also become compelling evidence in court. While videos of this nature may seem like an open-and-shut case against you if you are accused of domestic violence, an experienced defense attorney may have some ammunition to use in your defense that you don't realize. Call the LLF Law Firm's Criminal Defense Team at 888.535.3686 or use the online form today to discuss your case.
Possible Defenses Against Video Evidence
Several factors must be considered when someone submits a video as evidence. For starters, what if the video in question was acquired through illicit means? If so, it should be deemed inadmissible as evidence. Although the law permits victims of domestic violence to clandestinely record their abusers, it stipulates that a valid reason must justify the recording.
Consider a scenario where an altercation with a significant other escalates for the first time. The defense could argue entrapment if there is no prior indication that the victim had grounds to record the accused. This line of defense posits that the victim may have intentionally provoked the situation to capture an incriminating moment on tape, rendering the video potentially inadmissible.
It's also important to question the authenticity of the video itself. There is a possibility that it does not accurately depict the incident, either due to editing or tampering. The context may have been selectively omitted, or effects could have been applied to manipulate the perception of events.
Another potential defense centers on the claim that the actions captured in the video were carried out in self-defense or in defense of another person. While the video may showcase the actions taken, it might fail to explain the motivations behind them or provide a comprehensive view of events leading up to or following the recorded moment.
In certain circumstances, it may be argued that the individual involved was not in control of their actions at the time of the incident. Factors such as medication-induced hallucinations or experiencing a PTSD-related flashback could significantly impact one's state of mind during the recorded events, casting doubt on the accuracy and reliability of the video as evidence.
Charged With Domestic Violence? The LLF Law Firm Can Help.
Being charged with domestic violence in Pennsylvania is a serious matter, and a conviction can have lasting consequences. If you've been accused of domestic violence, whether or not there is video evidence of the incident, it's imperative that you speak with an experienced defense attorney as soon as possible. Contact the LLF Law Firm's Criminal Defense Team at 888.535.3686 or through the online form today to discuss your case.
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