Fort Lauderdale Criminal Attorney Blog
Character witnesses can play a pivotal role in domestic violence trials, offering testimony that speaks to the defendant’s moral character, behavior and reputation in the community. As our Broward domestic violence defense lawyers can explain, these insights serve to provide the court with a broader perspective of who the defendant is beyond the charges they face.
It humanizes them. They aren’t just a case number or one of the hundreds of other defendants they’ve seen that month. Especially when the case relies heavily on he-said-she-said evidence, bringing in other perspectives of the defendant’s character can potentially mitigate the penalties he or she is facing.
Character witnesses won’t necessarily be brought into every domestic violence case. But it can be part of a smart criminal defense strategy, even if it only slightly softens the court’s perception of the defendant.
Character Witness Role
Character witnesses are brought in to testify about a person’s personality, behavior and overall character. Their testimony serves to refute the prosecution’s portrayal of the defense as a perpetrator of domestic violence, suggesting instead that the alleged behavior was out-of-character for the defendant. This sort of context spotlights the defendant’s positive attributes, bolstering their credibility and potentially even casting doubt in the minds of the judge or jury.
Character witnesses are most commonly:
- Family and friends. These individuals can speak to their personal views of the defendant’s character, talking about their long history with them, detailing specific instances of their kindness and non-violent nature. They can also talk about the defendant’s interactions with other vulnerable individuals, such as children and the elderly.
- Employers and colleagues. These individuals can speak to the defendant’s trustworthiness, reliability, calm under pressure, professionalism, work ethic and overall temperament.
- Community and religious leaders. Leaders from non-profit organizations with which you volunteer, the church to which you belong, etc. These individuals can attest to the defendant’s moral character, as well as the contributions to the community.
- Teachers and coaches. For defendants who are students or athletes, teachers and coaches can talk about their teamwork, conduct and discipline. They can also emphasize the defendant’s commitment to education and personal development.
Character Witness Impact in Broward DV Cases
The fact that someone else testifies to the strength of your character could potentially be very beneficial to your case, but the size of that impact depends on a lot of factors. The severity of the charges you’re facing will matter. So will the identity and credibility of your character witness.
In the best case scenario, a good character witness helps to:
- Humanize the defendant.
- Create reasonable doubt about the accusations against the defendant.
- Compel the court to reduce punishment, leaning into more rehabilitative avenues rather than strictly penalizing.
To maximize the impact of character witnesses, your Broward domestic violence defense attorney can help you select the ones who will be most beneficial and then help prepare them. We’ll explain the types of questions they might be asked in court, the importance of maintaining honesty and how to dress and conduct themselves in court.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.
Additional Resources:
F.S. 90.404, Character Evidence; When Admissible
More Blog Entries:
Police in Florida Domestic Violence Cases Must Now Ask These 12 Questions, April 12, 2024, Fort Lauderdale Criminal Defense Attorney Blog
