Common Challenges in Assault Cases and How to Overcome Them

Assault cases are among the most sensitive and complex matters in the legal system. Whether a case involves physical violence, domestic abuse, or sexual assault, victims and attorneys alike often face significant obstacles to justice. Navigating these cases requires an understanding of the law, the emotional toll on victims, and the importance of evidence. 

At Faneuf Law Group, LLC, in Woburn, MA, we’ve overcome countless challenges in assault cases. These include:

Lack of Timely or Tangible Evidence

One of the biggest hurdles in assault cases can be the absence of concrete evidence. Assaults often occur in private settings far from witnesses, where evidence can be challenging to uncover, such as homes or vehicles. Delays in reporting can allow cameras to write over surveillance footage and physical injuries to heal without documentation, further complicating matters.

To avoid this, act quickly. Preserve evidence as soon as possible and seek immediate medical treatment. Document injuries with photos and medical records. Call the police. File an official police report and initiate an investigation if possible. Our firm frequently employs trusted private investigators to locate surveillance footage, identify witnesses, and compile a case.

Witness Credibility Issues

Even when witnesses are available, the defense may question their credibility in court proceedings. Witnesses may have biases, conflicting memories, or personal reasons to withhold information from authorities.

Ensuring credibility by carefully vetting witnesses early in the process is paramount. We conduct thorough interviews to ensure their stories are consistent and honest. Whenever possible, we rely on independent, third-party observers with no stake in the case’s outcome. Corroborating witness statements with solid evidence can eliminate the ability for the defense to impeach the credibility of the witness.

Delayed Reporting

Many victims hesitate to report assaults promptly. Victims of sexual assault or domestic violence, especially, may withhold information out of trauma, shame, and fear of retaliation. Unfortunately, these delays can cast doubt on a claim and hinder the collection of evidence.

At Faneuf Law Group, we foster a safe and compassionate environment where victims can share their stories without fear or judgment. Getting as much information as possible without re-traumatizing a victim is critical.

Even in a delayed report, contextual evidence, such as digital communications, medical records, or altered behavioral patterns, can support a victim’s account. We may need to acquire expert testimony to further explain the damages caused by the assault. In some cases, mental health professionals can testify to psychological barriers that prevent timely reporting, helping the court understand the delay.

Self-Defense Claims

In many assault cases, the accused may claim self-defense or mutual combat, which can complicate prosecution efforts.

At trial, our legal team works diligently to uncover critical inconsistencies in the defendant’s story through cross-examination and review of evidence. Forensic evidence, such as medical reports, injury patterns, and weapon analysis, can refute self-defense claims. With the help of investigators and experts, attorneys can recreate the incident timeline and clarify who was the aggressor.

Get Legal Help from Faneuf Law Group

If you or a loved one is involved in an assault case, don’t wait to get help. While we have strategies for delayed-report cases, timely reporting is advantageous in assault cases. At Faneuf Law Group, LLC, we utilize the right tools to support you, from investigators to witnesses, to build a strong, evidence-backed case. 

Contact us today to schedule a free, confidential consultation. Our firm is only compensated out of the settlements and resolutions we get for you, so no need to worry about paying up front. Let our experienced team help you through this difficult time with professionalism, compassion, and resolve.