A jury recently returned a verdict of Not Guilty in an Assault and Battery case where identification was at issue. The prosecutor believed that our client had tackled the complaining witness and fought with him on the ground. The truth was that our client and his friend looks a lot like but it was actually the friend, not the client, that did the tackling.
If you have been wrongfully charged with a crime because of a bad identification issue or for any other reason contact Michigan criminal lawyer, Aaron J. Boria today for a free consultation (734) 453-7806.
Identification Issues in Criminal Law
If identification is at issue in your case then there is a very good chance that you could be acquitted on that issue alone. Remember, it is not your burden to prove anything, including whether or not the person that committed the offense was in fact you. It is always the government’s burden to prove a crime was committed and that you were the one that committed it.
In other words, if they prosecutor cannot prove beyond a reasonable doubt that the crime was committed by you the jury should find you not guilty.
When identification is at issue in a criminal case the judge will read the following jury instruction to the jury:
One of the issues in this case is the identification of the defendant as the person who committed the crime. The prosecutor must prove beyond a reasonable doubt that the crime was committed and that the defendant was the person who committed it.
In deciding how dependable an identification is, think about such things as how good a chance the witness had to see the offender at the time, how long the witness was watching, whether the witness had seen or known the offender before, how far away the witness was, whether the area was well-lighted, and the witness’s state of mind at that time.
Also, think about the circumstances at the time of the identification, such as how much time had passed since the crime, how sure the witness was about the identification, and the witness’s state of mind during the identification.
You may also consider any times that the witness failed to identify the defendant, or made an identification or gave a description that did not agree with identification of the defendant during trial.
You should examine the witness’s identification testimony carefully. You may consider whether other evidence supports the identification, because then it may be more reliable. However, you may use the identification testimony alone to convict the defendant, as long as you believe the testimony and you find that it proves beyond a reasonable doubt that the defendant was the person who committed the crime.
Michigan Criminal Lawyer
It is easy to see how a complete stranger could mistake you for someone else, or how bad lighting and other factors could effect how someone saw you or someone else, which is why it is so important to challenge cases when someone has misidentified you.
This case was tried in front of a jury in Oakland County Michigan. The jury returned the not guilty verdict within a matter of minutes.
Our client had been accused of assault and battery, a criminal charge that would have forever remained on his record and could have resulted in up to 93 days in the county jail.
Contact Michigan criminal lawyer, Aaron J. Boria today if you have been charged with a crime (734) 453-7806.