New York Criminal Attorney Blog
The United States Constitution provides that the defendant has no duty to present any evidence showing that they didn’t commit a crime because it’s the government burden to prove guilt; not the defendant’s burden to prove their innocence. However, when thinking through litigation strategy in any realm, it is important to put forth as much helpful evidence as possible as you build your case for a judge or jury. In preparing for a sentencing hearing it is important to have helpful, specific and mitigating evidence. In a recent criminal case before the New York Appellate Division, Third Department, the defendant lost on appeal, in part because her evidence and testimony were “vague and imprecise.” The opinion serves as a reminder to work relentlessly to meet your burden when trying to win your case or when trying to get your charges dropped altogether.
Facts of the Case
In the case before the Appellate Division, the defendant pled guilty to robbery in the first degree, and the court issued a protective order in favor of the victim in the case. Apparently, during the robbery in question, the defendant had physically harmed the victim, including by pouring toxic household cleaners on her body while she was pregnant. The court sentenced the defendant to nine years in prison.
The Defendant’s Appeal
On appeal, the defendant argued that she was a victim of domestic violence at the hands of a member of the same household at the time of the robbery. She argued that the domestic violence committed against her acted as a significant contributor to her own criminal behavior. The court should have considered this factor and sentenced her to less time in prison as a result.
Defendant’s Failure to Support Her Claim
The court ultimately concluded that the defendant failed to put forward sufficient proof in support of her point. She included very little evidence to show that she was the victim of domestic violence, and that this violence was happening at the time of the robbery. The bulk of her evidence came from her oral testimony, during which she said that she was the victim of a “multitude of abuse” without any details. There was no psychological evaluation or expert opinion to support her claim.
The court denied the appeal on this basis. The opinion serves as a stark reminder that it is important to include a detailed, thorough record to support your claim when you are in the midst of litigation. Without this evidence, the jury or judge has no reason to find your claim credible. In order to protect against a court finding your evidence “vague and imprecise,” retain a New York violent crimes attorney that you know you can trust.
Are You Looking for a New York Violent Crimes Attorney for Your Case?
At Tilem & Associates, we understand that your personal rights and freedoms are extremely important, and we fight relentlessly to defend our clients, no matter the charges. If you need a New York violent crimes attorney to talk with you about your charges and help you fight those charges aggressively, give our firm a call.
For a free and confidential consultation with a New York criminal defense attorney from our firm, give us a call today at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach out to you as soon as possible.