If you’ve been arrested for assault, you’re probably trying to think of anything that can help your case. Odds are, the arresting officers had bodycams turned on when they arrived. But would there be anything in there that could help you?
Assault charges cover a huge range of situations. Because the circumstances around each incident vary so widely, there is no single correct approach to building an assault defense. Every piece of evidence matters in an assault case.
Bodycam footage is one potential piece of video evidence. It can help your case, hurt your case or do a bit of both. You need a defense attorney who understands the different ways to approach this type of evidence and how to maximize any advantages.
The Right to Police Bodycam Footage
If police bodycam footage hurts their prosecution’s case, why would they share it with you? Maybe you think it’s not worth trying to get it.
The truth is that you have the right to that footage, whether the police and prosecutors want you to have it or not. Even if the prosecution isn’t going to use the footage, you have a right to use it in your defense.
How Bodycam Evidence Can Help Your Assault Case
Bodycam footage is more prevalent than ever. While the footage generally covers the aftermath of an assault rather than the incident itself, there are often moments or visuals that can be used by prosecutors or the defense.
Bodycam evidence can be compared to witness accounts, police reports and other evidence used in the case. This is important because the documents produced by law enforcement officers are at the heart of many cases involving assault accusations.
Bodycam footage can strengthen your defense in many ways:
- Police evidence could be contradicted by the bodycam footage.
- The footage may show important details that were left out of the reports.
- The footage may contradict the prosecution’s timeline.
- Items, injuries or other physical evidence may be visible that contradict or disprove part of the prosecution’s case.
As a practical matter, bodycam footage can be used to better understand the alleged assault. It can help provide context to the altercation.
Anything that casts doubt on the case against you is valuable. The burden of proof lies on the prosecution, meaning they must prove their accusations beyond a reasonable doubt.
The Downside to Bodycam Footage
Unfortunately, bodycam footage can work against you just as easily as it can work for you.
Assault accusations often come about from altercations where emotions are running high. Even someone acting in self-defense can appear like an angry aggressor in the aftermath of a confrontation. And police are under no obligation to warn you that they are wearing active bodycams.
Bodycam footage may show you in a bad light. It may include statements that make you look guilty. If you were intoxicated, the footage is unlikely to show you in the best light.
Still, your defense needs to address all the evidence, whether it helps your case or hurts it. Your attorney needs to know what’s in the footage that the prosecution may use. That way, they can build a robust defensefor you.
Contact a Texas Criminal Defense Attorney
Assault charges are a serious matter. You need a powerful defense to protect you in the Texas criminal justice system.
At Lee & Wood, GP, we have extensive experience with cases involving police bodycam footage. We can help you craft a strong defense. Call us at 817-678-6771 or contact us online.