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What Evidence is Used to Prove Assault?

By Hager & Schwartz, P.A.

December 2, 2021

Some pieces of evidence are more straightforward and clear-cut than others. Let’s go over all of the different types of evidence that could be used to find someone guilty of assault.

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Physical Injuries

This is the clearest piece of evidence one can present in an assault case. Physical harm may be proven by:

  • Unedited photographs of injuries on the alleged victim
  • Medical records

However, some assault cases do not involve any physical contact between parties, or involve minor physical contact that does not show any visible signs of injury. In these cases, it gets harder to collect evidence.

Eyewitness Testimony

Many times, assault cases rely on witness testimony. This could be from the alleged victim, alleged perpetrator, or police who were called to the scene. If the assault occurred in public, there could even be third-party witnesses.

All of these witnesses can give their version of events. While it sounds great to be able to hear the truth from people who witnessed the altercation or immediate aftermath, it isn’t that simple. Eyewitness testimony is not as reliable as one would like to believe.

Eyewitness testimony can be incorrect for a number of reasons, including:

  • Memory reconstruction
  • Anxiety
  • Bias
  • Length of time passing since the incident

Researchers continue to conduct in-depth studies about the unreliability of eyewitness testimony. At Ohio State University, researchers found that incorrect eyewitness testimony was the cause of over 50% of all wrongful convictions.


In assault cases, prosecutors must prove that the defendant had the intent to cause harm to the alleged victim. This is often done by taking things the defendant said and using them to show intent. For example, if the defendant said they were angry the day of the incident, the prosecutors will infer they had intent to cause harm during the assault even though that is not what the defendant said. For this reason, it’s crucial that individuals facing assault charges consult with a defense attorney before making any statements that can be misconstrued to prove their guilt.

Daytona Beach Assault Defense

If you are facing assault charges in Volusia, Broward, or Miami-Dade County, contact our team at Hager & Schwartz, P.A.. We know what kind of evidence the prosecutors will look for to get a conviction, and we know what it takes to defend you in these complex cases.

Call our team at (386) 693-1637 for an immediate consultation!