When you are facing criminal charges, there are multiple ways to achieve a successful outcome. You may seek to prove that you didn’t do the crime the state alleged. Alternately, you may try to prove that, even if you did it, you have a legal defense (like self-defense) that prevents your being found guilty. Especially when your defense rests upon one of these “affirmative defenses,” it is essential to make sure you get all of the evidence that supports your defense placed into evidence. A skilled Maryland criminal defense attorney can help you in proving all of the necessary elements of your affirmative defense.
Recently, a case from Prince George’s County offered an example of such a circumstance playing out in court. The accused, Tania, admitted that, on Oct. 24, 2007, she fatally shot her boyfriend. At the time, Tania stated that the boyfriend had raped her, which led to the shooting. Tania was tried and convicted, but that conviction was later overturned on appeal.
In her second trial, the state presented the case as a murder-suicide in which Tania failed to complete the suicide part. In her defense, Tania attempted to argue as an affirmative defense that she was suffering from battered spouse syndrome at the time of the shooting. Tania had an expert witness who testified on her behalf with regard to battered spouse syndrome, Tania’s suffering from the syndrome, and its effects on her actions. At the trial, though, the judge restricted many pieces of testimony that Tania wanted to introduce. Some of this was testimony from Tania, some from the expert witness, and all of it related to things that the boyfriend allegedly said to Tania.