A text message can become an important piece of evidence in a New York domestic violence case. But a message alone does not automatically prove that you committed a crime. Prosecutors still must establish the elements of the charged offense beyond a reasonable doubt. The meaning of a message may also depend on the full conversation, the relationship between the people involved and what happened before and after the exchange.
What can text messages show in a criminal case?
New York does not have one crime called “domestic violence.” Instead, prosecutors may charge offenses such as harassment, menacing, stalking or assault when the alleged conduct involves a family or household member.
Depending on the facts, text messages may become part of the prosecution’s evidence. For example, prosecutors may point to messages involving:
- Threats that they claim show an intent to cause physical harm
- Repeated unwanted contact that they claim forms a pattern of harassment
- Statements that they claim caused fear or serious alarm
- Messages that allegedly violate an order of protection
However, repeated contact does not automatically establish a crime. The language used, the parties’ history, the alleged intent and the surrounding circumstances can all affect whether the messages meet the requirements of a specific offense.
Can you challenge text message evidence?
Text messages must also satisfy rules about evidence. In People v. Rodriguez, 38 N.Y.3d 151 (2022), the New York Court of Appeals held that a participant with personal knowledge could authenticate screenshots by testifying that they accurately depicted the conversation.
Authentication, however, does not automatically prove who wrote a message, establish its meaning or make it admissible for every purpose. Questions may also arise about whether messages were complete, altered, taken out of context or connected to the charged conduct.
Preserving the original device and avoiding the deletion, cropping or alteration of messages where possible can help address these issues. Screenshots, message exports, device data and witness testimony may each play a role, depending on the case.
Legal assistance can help you examine whether text messages actually support the elements of the charged offense and identify potential issues with their authenticity, context or admissibility.
A text is not the whole case
A prosecutor may rely on text messages as part of a domestic violence charge, but those messages do not decide the case by themselves. Their meaning depends on the evidence surrounding them and the specific elements the prosecution must prove. Examining the complete conversation and the circumstances behind it may reveal important facts that a single screenshot does not show.
