Strategies for Defending Against Assault Charges With No Physical Evidence

If a case involves assault charges when there is no physical evidence, there is a long list of potential strategies that you lawyer may use to defend your position. In today’s blog article, we are going to outline for you some of these possible strategies. Whether or not there is physical evidence, your lawyer will design a defence strategy specific to the facts of your case.

The fact is that it is very common for a criminal case to have no physical evidence. In law there is something called the CSI Effect, which is that jurors like and expect lots of physical evidence from crime scene investigators because of the popular television show. However, in real life, this kind of physical evidence is often lacking, and the case is considered circumstantial. People are convicted every day solely on circumstantial evidence.

Here, below, are some ways to defend against circumstantial evidence when physical evidence is lacking or nonexistent:

1.      Attempt to get the case thrown out.

Perhaps your lawyer can convince the judge that there is not enough evidence to proceed with the assault charges.

2.      Challenge the witnesses for facts and credibility.

Did the person see what that person says he/she saw? Was he/she even there? Did weather or eyesight impede their vision? Does the witness have an axe to grind?

3.      Focus on alibi evidence.

If the client was not there, then prove that to the judge and/or jury.

4.      Use expert witnesses.

Expert witnesses can explain why the fact that there is no physical evidence points to things did not happen the way the Crown would like you to believe.

5.      Establish reasonable doubt

In the end, the defence does not have to prove innocence from assault or other criminal charges, only establish reasonable doubt in the minds of the judge and jurors.

If you have been charged with assault, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law. 

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.