Prosecutors often rely on physical evidence to get convictions. This type of evidence is generally considered strong in court cases because it is tangible, objective, and often difficult to dispute. But if you’re facing criminal charges in South Carolina, can you be convicted if there’s no physical evidence against you?
The short answer is yes – a person can be charged and even convicted of a crime without direct physical evidence. However, these cases are often more complex. An experienced criminal defense attorney can challenge the prosecution’s claims.
What is physical evidence?
Physical evidence refers to any tangible object that can establish facts related to a crime or event. It is categorized into different types based on its nature and function in investigations. It can include:
- Biological evidence (blood, semen, saliva, hair, bone and tissue samples)
- Trace evidence (gunshot residue, paint chips, pollen and plant material, fibers from clothing, carpets, or upholstery)
- Fingerprint evidence (latent – invisible prints left by natural oils; patent – visible prints in blood, ink, or dirt; plastic – impressions in soft materials like wax or clay)
- Firearms and ballistic evidence (guns, bullets and casings, gunshot residue, wound patterns)
- Documentary and digital evidence (handwritten notes and signatures, printed documents, electronic records, surveillance footage)
Cases where charges are based on other types of evidence
In many situations, prosecutors build their case around:
- Eyewitness testimony – If a victim or witness identifies you as the suspect, that alone can be enough for charges. However, eyewitness accounts can be unreliable due to memory errors or mistaken identity.
- Circumstantial evidence – This is evidence that suggests a person committed a crime, even if it doesn’t directly prove it. For example, if you were seen near the crime scene at the time of the offense, that could be used to suggest involvement.
- Confessions or statements – If you admit involvement, even without physical evidence, you could be charged and convicted. However, forced or coerced confessions can sometimes be challenged in court.
- Informant testimony – In some cases, confidential informants or co-defendants may testify against you in exchange for lighter penalties. These testimonies can be biased and should be carefully examined.
Defending against charges without physical evidence
If you are facing criminal charges without direct physical evidence, an experienced South Carolina criminal defense attorney can use several strategies to challenge the case:
- Challenging witness credibility – Witnesses may have faulty memories, personal biases, or even motivations to lie. A skilled lawyer can cross-examine them to expose inconsistencies.
- Disputing circumstantial evidence – Just because someone was near a crime scene doesn’t mean they committed the crime. Your attorney can argue that the evidence is purely speculative.
- Suppressing illegally obtained statements – If law enforcement coerced or improperly obtained a statement from you, it may be inadmissible in court.
- Presenting an alibi or alternative explanation – If you were elsewhere at the time of the crime, proving an alibi can weaken the prosecution’s case.
How a criminal defense lawyer can help
Columbia criminal defense lawyer Matt Bodman knows how South Carolina prosecutors build cases. He worked as Assistant Solicitor for five years in in Richland County, where he handled cases ranging from murder and 1st degree burglary cases to DUI. He knows how to spot weaknesses in a case and can challenge all types of evidence prosecutors try to use against you. Matt Bodman, P.A. is ready to fight for your rights.
If you’ve been arrested, it’s important to get legal advice as soon as possible. Contact us online or call our Columbia law office today to schedule a free consultation with an experienced criminal defense attorney.
"I can't say enough good things about my legal experience with Matt. He was always available to answer any questions & his expertise were invaluable in my experience with his services. I can't thank you enough for guidance and the positive outcome in my situation. I highly recommend Matt Bodman if you need professional legal representation in South Carolina." – Don M., ⭐⭐⭐⭐⭐
