My ex girlfriend and the mother of my son was charged with domestic battery. After months of stalling on her part the case is going before a...

Question

My ex girlfriend and the mother of my son was charged with domestic battery. After months of stalling on her part the case is going before a jury trial. There is video evidence of her attacking me. Her defense is that i verbally threatened her and she was defending herself. I did not in anyway say anything to threaten her! Why would she take this to trial with video evidence? is her defense even a valid one? I never thought that if someone allegedly threatened a perso with words i could punch them.

Answer

Taking any criminal charge to a jury trial creates at least a small opportunity for acquittal, even in the face of video evidence. All twelve jurors must unanymously agree on the question of guilt or innocence before any verdict can be rendered. They must also unanymously agree that guilt has been proven beyond any reasonable doubt before they can enter a guilty verdict, and must enter a not guilty verdict, even if they all agree that the defendant probably did it, but cannot be completely certain. If they are unable to agree, the judge usually declares an mistrial, in which event the DA has the ability to retry the defendant. Usually, however, a mistrial will yield a better plea offer, which may settle the case, avoiding the need for a second (or third) trial. Although the judge will instruct the jurors to apply the law, the jurors also have a right of "jury nullification." This is nothing more than the jurors' collective right to disobey the law for any reason at all. Although lawyers cannot argue for jury nullification (having a duty as court officers to uphold the law), they are allowed to highlite any features of the charge which might lead to the conclusion that the authorities have somehow overstepped their duties, or charged based upon conduct which is too minor to warrant their efforts. These may be some of the reasons why the defendant is taking what might seem to be an ironclad prosecution to trial. Answering this question does not make me your attorney, but you can contact my office in Racine (262-633-3090 or [email protected]/* */) for clarifications. See me on the web at www.jayknixonlaw.com. View over fifteen years of past answers at http://www./answers/search/attorney/jknixon. Answers may contain attorney advertising materials..