Domestic Assault Attorney in Boston, Massachusetts

What is your approach to domestic violence cases?

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domestic violence cases involve um two
sort of issues that an attorney should
be aware of uh the first is if there’s a
longstanding relationship between the
complainant or alleged victim and the
defendant our client there’s bound to be
evidence of
bias uh evidence of motive to
fabricate and other issues that you want
to investigate as you prepare the case
for trial the second issue is when there
are long-standing
relationships often times the
complainant may not want to go forward
or may have a privilege one privilege
might be privilege not to
self-incriminate if they are mutual
combatants another privilege might be a
marital privilege so when we get a
domestic violence case we want to have
be aware of all of these different
issues and moving parts U to determine
number one viability of the case at
trial if the prosecution is unable to
bring to bear a witness who is necessary
for their case and two if they are uh
what can we raise on
cross-examination uh or develop through
our own evidence to show that person’s
bias or motive to fabricate a unique
type of domestic violence case also
involves someone who’s been abused by
their partner before there’s a lot of
literature and expert and scientific
data about the experiences of such abuse
and it’s important that while that
evidence may be admissible to show the
first
aggressor we put forth expert testimony
to show well based on this person’s past
experiences as an abuse victim it was
reasonable for them to fear that they
might be victimized again

Boston, MA criminal defense attorney Nat Carney talks about his approach to domestic violence cases. He recognizes that domestic violence cases present two key considerations for an attorney. First, when there is a longstanding relationship between the alleged victim and the client, there may be evidence of bias, motive to fabricate, or other factors that must be thoroughly investigated during case preparation. Second, long-term relationships can give rise to privileges, such as the right not to self-incriminate in situations of mutual combat or marital privileges, which may affect the viability of the case at trial.

When handling these cases, he carefully evaluates whether the prosecution can present essential witnesses and identifies opportunities to explore bias or motive through cross-examination or his own evidence. In cases involving a history of abuse, he draws on expert testimony and scientific research to demonstrate that a client’s fear or defensive actions were reasonable based on past experiences, particularly in establishing who acted as the first aggressor.

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