People called to testify in an assault case can provide remarkably different accounts of the same events. They may remember the timeline differently, note hearing different noises or describe the people involved in contradictory terms.
Even the people who saw the incident (known as eyewitnesses) but who don’t know you or the other person involved in your case can provide wildly conflicting testimony.
Witness testimony is a key part of most assault cases. But it must be handled correctly in order for you to mount a proper defense. Let’s take a closer look.
Requirements for Witness Testimony
In Texas, witness testimony is governed by the Texas Rules of Evidence. Two basic elements must be true for a Texas court to allow witness testimony:
- The witness must be deemed competent to testify.
- The witness must have personal knowledge of the subject they are testifying about.
Let’s look at each of these in more detail.
Competency
Competence is assumed for most people, but there are exceptions. Young children may be excluded from testifying on competency grounds. Likewise, someone found to be insane can be deemed unfit to testify and be excluded. But in most cases, competence is not an issue when it comes to witness testimony.
Personal Knowledge
The issue of personal knowledge is largely about excluding hearsay. If you told your friend about the incident after the fact, for example, they couldn’t testify about the incident. They could relay what you told them, but if they didn’t see the incident, they can’t testify as though they have personal knowledge of it.
Personal knowledge extends beyond knowledge of a specific assault incident. Expert witness testimony is offered about things like injuries suffered and evidence gathered at the scene.
Experts—typically professionals in fields like forensics, toxicology, ballistics or psychology—have personal knowledge of those elements, even though they didn’t witness the actual assault. What matters is only that they are qualified to speak about the subject of their testimony.
Using Favorable Witness Testimony to Your Advantage
Your defense should make use of witness testimony wherever possible. Supporting testimony may come from neutral bystanders, law enforcement officers or people you know who were present at the incident. Your testimony will also likely be vital to your defense.
It’s important to understand that even testimony that doesn’t sound positive can still be used to your advantage. For example, two or more eyewitnesses may differ in their accounts of the same event. This inconsistent testimony can cast doubt on what actually happened. Anything that conflicts with the prosecution’s version of events can be beneficial.
Defending Against Unfavorable Witness Testimony
The prosecution's testimony can be attacked in several ways. Many assault cases come down to one person’s word versus another’s. This is particularly true in sexual assault cases.
Your account and the alleged victim’s account are likely quite different. Or maybe they took back their accusation, but the prosecution is moving forward anyway. Any evidence that supports your account over the prosecution’s is vital to getting a good result.
Contact an Experienced Texas Defense Attorney
At Lee & Wood, GP, our attorneys have extensive experience in Texas assault cases. We can build a defense strategy that accounts for all the evidence involved, including witness testimony. If you’ve been arrested or charged with assault, contact our offices or call us at 817-678-6771 to get started on your defense.