How Character Evidence Can Affect Your Criminal Defense Case

Georgia limits what evidence the state can introduce against you in a criminal trial. Character evidence is often controversial. For example, the prosecution might try to get a witness to testify that you are violent or prone to stealing. That type of evidence is very damaging—but is it legal to introduce?

Whether character testimony is admissible is complicated. There’s no “yes” or “no” answer. As we explain below, character evidence is usually inadmissible though there are certain exceptions.

Call a criminal defense lawyer in Columbus, GA today to speak about your case. Moffitt Law, LLC, has defended many people accused of all sorts of crimes, and we can fight for you, too. Read on for more detailed information about character testimony.

Character Evidence Not Admissible Against a Defendant

To get a conviction, the state needs to prove beyond a reasonable doubt that you committed a specific crime. They can’t simply prove that you have a certain character trait or that you committed a crime before.

For example, you might be accused of aggravated battery. The state can’t have a witness come up and testify that you are normally a violent person.

The state also can’t use “propensity” evidence. Suppose you are accused of getting into a bar fight.

The state can’t introduce evidence showing you got into a bar fight in 2015 and 2022. That is an illegitimate tactic. Essentially, this type of propensity evidence says to the jury, “Well, the defendant has a habit of committing a crime. So you should convict him of this crime, too.”

O.C.G.A. § 24-4-404 typically excludes character evidence and propensity evidence against a defendant. There are some narrow exceptions:

1. A defendant might use character evidence against an alleged victim. For example, you might be accused of getting into a fistfight. You might allege the victim started it and introduce character evidence of their aggression. Once the defendant opens the door, however, the law allows the state to rebut this argument by submitting character evidence about the defendant.
2. Character evidence is often admissible against a witness (i.e., not the defendant).
3. Propensity evidence is admissible in limited situations, to prove motive, intent, absence of mistake, or a similar factor.

Character Evidence Is Sometimes Admissible Against a Witness

As explained above, character testimony is usually not admissible against a defendant. However, it might be admissible against a witness. Either side can attack the credibility of a witness by calling a character witness.

A character witness can attack or support a witness’s credibility. However, this testimony can only refer to the witness’s character as truthful or untruthful. Further, you can’t introduce evidence a witness is truthful unless this trait was previously attacked.

Here is a classic example. A defendant might be accused of raping someone at a fraternity party.

There are no witnesses other than the defendant and the alleged victim. The alleged victim claims that she did not consent. However, she has a history of making false rape accusations.

Under the law, the defendant can call into question the alleged victim’s credibility. He might have someone testify that she has lied before and has a reputation for being dishonest. After the alleged victim, the state can then try to bolster her reputation for honesty.

Previous Felony Convictions and Witness Credibility

A felony conviction is a certain type of character evidence. O.C.G.A. § 24-6-609 lays out a general rule that a felony conviction might be introduced to undermine a witness’s credibility. There are some limitations. For example, the judge needs to determine that the felony conviction has probative value which outweighs any unfair prejudice against the defendant.

The conviction should be fairly recent. The law says a conviction more than 10 years old won’t normally be admitted unless the judge finds it probative.

For example, a defendant might be accused of participating in drug trafficking. One of the witnesses against him is a person who was previously convicted of drug trafficking. The defendant might introduce this felony conviction to undermine the witness’s credibility. It’s then up to the jury to determine if the witness is believable.

Will We Use Character Evidence in Your Case?

It’s possible. At Moffitt Law, we undertake a vigorous defense of our clients. We sometimes use character evidence when it is helpful:

1. Does your case hinge on witness testimony? Eyewitnesses play a role in many criminal cases, in which case we might need to undermine their credibility. However, not every case relies on witnesses. There might be other incriminating evidence, such as a video of the crime or your fingerprints on a murder weapon. We will need to attack this evidence in other ways.
2. Are there other ways of undermining a witness’s testimony? Suppose someone claims they saw you punch a person in a bar. However, upon closer inspection, we realize the witness was standing across the room, or their view was blocked, or they were drunk. These are other ways of attacking the credibility of a witness without calling them untruthful.
3. Does the witness have a spotless reputation? We can’t lie about a witness’s character. They might be a very honest person. However, we can argue you shouldn’t be convicted on the strength of one witness’s statement.

We always fight to exclude inadmissible character evidence, like propensity evidence.

Also, the state might use “guilt by association” evidence, essentially arguing you run with a criminal crowd. For example, they might harp on the fact that you have friends who are convicted felons or family members in jail. This evidence is rarely legitimate. Instead, it plants in the jury’s mind that you must be a criminal, too, simply because of your associations.

Call Us to Speak with a Criminal Defense Lawyer in Columbus, GA

We can discuss your charges and possible defense strategy in a consultation. Please reach out. We maintain our client’s confidentiality and will do everything possible to win a favorable resolution to your criminal charges.