Recanting Victims in Domestic Violence Cases

California’s domestic violence laws apply to any intimate partners. Intimate partners are people who are married, divorced, living together, have children in common, and who are or used to be dating. The partners may be heterosexual or homosexual. It is the very nature of these types of intimate relationships that cause such highly charged, emotional disputes that are often blown out of proportion. An experienced lawyer is the key to making sure that the judge and jury not only hear that that was the case, but believe it as well.

In California, once the police are called to investigate an intimate partner abuse situation, it is more than likely that someone will go to jail and be charged with a crime. Without much exception, it is usually the person who called the police that will be labeled the “victim” and the partner who will be labeled the “abuser”, “perpetrator”, or “batterer”. It is the “victim” who gets the ball rolling on the criminal charge, but it is the police, prosecuting agency and judge who take it from there. This means that even if the “victim” wants to later tell the police, prosecutor or judge that he or she was mistaken or lying about the events or that he or she just simply doesn’t desire to press charges, it will not matter, as the case will be filed and prosecuted regardless. If the “victim” does make the decision that he or she doesn’t want to move forward with the case, it is imperative to contact a skilled criminal defense lawyer from The Kavinoky Law Firm to avoid the surprisingly devastating effect this can have on the defendant.

If the “victim” chooses of his or her own free will (meaning that the defendant hasn’t threatened or intimidated the partner, which is another crime in and of itself) that calling the police was a mistake for any reason, it is best for both partners to speak with an attorney who will help decide the best course of action. Many times the victim thinks that “recanting” (which means to take back or deny) the original story or not cooperating with the police or prosecution will help the defendant. Unfortunately, that is incorrect. In fact, the prosecution usually expects that a victim will recant and knows exactly how to proceed under this type of situation. A genuine recanting victim can be extremely harmful to the defendant if not first guided by an attorney.

A partner in a domestic abuse case can’t choose to remain silent if called to testify. The “right to remain silent” doesn’t apply in this situation, as it only applies to self-incrimination. Additionally, if the partner either doesn’t show up to court or simply refuses to actually speak when questioned, that leaves the individual open to being personally charged with other crimes. The absence of the victim’s testimony allows the prosecutor to introduce a recording of the actual call to the police as well as any statements made to the police during the initial investigation. Since these statements were made in the heat of the moment and possibly out of revenge or stemming from some other motive, these statements can be devastating to the defense. In addition, when the partner recants, the prosecutor will likely bring in an expert witness to testify that he or she is recanting because he or she has either been threatened by the “abuser” into doing so or that he or she is afraid of what further abuse might take place if he or she doesn’t recant. The expert will further explain that recanting is part of the “cycle of abuse.”

A highly qualified defense attorney from The Kavinoky Law Firm can help both parties navigate through the system with knowledge, compassion and discretion. The attorney will help develop the most effective defense strategy to put an end to a terrible situation that may simply have spiraled out of control. Click here for a free consultation.

The Effects of Domestic Violence on Children

According to California domestic violence law, domestic violence is defined as any type of abuse that is perpetrated against one’s spouse or former spouse, the person with whom one has children, the person with whom one lives or lived, a significant other or former significant other or one’s child. It follows that any crime that is committed against one’s child (or an intimate partner abuse crime that is committed in the presence of one’s child) will be prosecuted as a domestic abuse crime in this state.

Although intimate partner violence is largely reported as being perpetrated by a man against a woman, women are also guilty of abusing men and same-sex domestic violence is a growing problem as well. It affects people nationwide from every economic, ethnic and religious background.

In this country alone, millions of children each year are at risk of being abused by their parents. Domestic Violence statistics reveal that in a national poll of over 6,000 families, between 53% and 70% of male offenders also frequently abused their children. Additional research shows that abused women are twice as likely to abuse their children as women who are not abused. In homes where intimate partner abuse occurs, children are sexually or physically abused and/or seriously neglected fifteen times more than in homes where abuse doesn’t exist.

Children who are exposed to domestic violence may exhibit a wide range of behavioral and emotional problems, depending on their age and gender, the individual child, whether or not they are actually involved in the abuse and how much abuse they witness. Many younger children can’t truly understand the abuse and tend to blame themselves for it. Self-blame in a young child will often manifest itself through concentration problems, stress, physical complaints, eating and sleeping problems and regressed behavior such as whining or bed-wetting. Pre-adolescent children may also present these issues and will usually express themselves in more negative ways. Symptoms commonly seen within this age range include defiant behavior, threatening or violent behavior, withdrawal and low self-esteem. In addition to the previously described behaviors, teenagers may also exhibit substance abuse, delinquency and academic failure. Research suggests that witnessing or being personally involved in domestic violence may be the most substantial difference between children who are involved in criminal activity and those who aren’t.

Children may be abused by their parents or may perpetrate the abuse towards their parents. Under either scenario, criminal action will result. Not only does a Domestic Violence offender face mandatory probation terms in addition to jail or prison time, but if a child is involved in the abuse – either directly or indirectly – custody issues will also be raised. An individual accused of intimate partner abuse either towards his or her children or accused of committing intimate partner abuse in the presence of his or her children faces losing his or her family and freedom. If charged with child abuse as a misdemeanor, the defendant faces up to one year in jail, probation, a criminal protective order issued against the defendant to protect the child, and attendance for at least one year in a child abuser’s treatment program. If convicted of a felony, the defendant faces up to six years in prison in addition to the requirements listed above.

Defense Attorneys for Child Abuse Law

The consequences of a domestic violence conviction are severe enough when a child isn’t involved in the allegation. When a child is involved, the stakes are even greater. The criminal defense lawyers at The Kavinoky Law Firm specialize in crimes of domestic abuse and receive ongoing education and training in this special area of the law. They have successfully defended countless individuals charged with intimate partner abuse and have helped them keep their families and freedom intact. The attorneys treat each client with discretion, compassion and respect and will provide parents with referrals for services and resources to help their children who have sadly been victimized. To discuss a child-related domestic abuse crime, please click here for a free consultation.

Willful infliction of injury, also known as “spousal abuse,” is a California domestic violence offense that can be applied to any type of intimate partners. This can include couples who are married or divorced, living together or formerly living together, or have children in common. The laws apply to both heterosexual couples and same-sex partnerships. If an individual willfully inflicts any injury, no matter how minor, upon the body of an intimate partner, he or she can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000. This charge can be brought against a defendant even if he or she barely touched the intimate partner.

Every crime has specific “elements” (facts) that the prosecutor must prove beyond a reasonable doubt in order to obtain a conviction against the defendant. Each element of the charge must be independently proved or else the jury must vote “Not Guilty.” In order to find the accused guilty of infliction of injury, the prosecutor must prove three elements.

The first element is that the defendant inflicted bodily injury upon his or her intimate partner. This means that the “victim’s” injury resulted from direct force applied by the accused. It doesn’t matter how slight the force was, only that some amount of force was used.

The second element that must be proved is that the infliction of injury was willful. “Willful” means that the individual had the willingness to inflict force. Willingness has nothing to do with the amount of force used or the physical result of the force; it only deals with the willingness to simply carry out the act. In a situation where the accused willfully used force in self-defense or in the defense of others, he or she is not guilty of this crime. It is the prosecutor’s burden to prove that the willful force was unlawful and not for one of the reasons stated above.

The final element of this charge is that the injury resulted in a “traumatic condition.” A traumatic condition means that the accused’s force caused an external or internal injury to his or her partner. The injury could be minor or serious. Basically, this means that any injury, no matter how slight, that wasn’t there before the defendant applied the force to his or her partner’s body will qualify.

Remember, in order to convict a criminal defendant on any charge, the prosecutor must prove every element of the crime beyond a reasonable doubt. In addition, a criminal conviction requires that all twelve members of the jury must be convinced that the charges are true. That means that if just one juror isn’t completely convinced of the defendant’s guilt, the jury cannot return a conviction. An experienced criminal defense lawyer will aggressively defend the accused partner’s rights and sow the seeds of reasonable doubt in the minds of jurors.

An infliction of injury conviction is no joke. An accusation can be devastating emotionally and financially, and a conviction carries severe penalties. To best avoid these consequences, it is imperative that an accused hires a skilled defense attorney who knows the most effective ways to refute this crime’s elements. In order to secure the best representation from a firm who has successfully defended countless domestic abuse cases, contact the attorneys at The Kavinoky Law Firm for a free consultation.

Physical Evidence and Infliction of Injury

Infliction of injury, more commonly called “spousal abuse,” is a California domestic violence crime that applies to intimate partners. These partners may be heterosexual or homosexual and married or divorced, living together or formerly living together, or have children in common. If an individual willfully inflicts any injury, no matter how minor, upon the body of an intimate partner, he or she can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000. This charge can be brought against a defendant even if he or she barely touched the intimate partner.

Because the extent of the injury can be almost nonexistent in an infliction of injury case, physical evidence carries a lot of weight. Physical evidence is any evidence that is either visible (like a bruise), scientific (like DNA), or tangible (like medical records) that helps prove or disprove a theory. Since many cases of intimate partner abuse have no witnesses, they are often cases of “he said, she said” unless there is some physical evidence of the abuse. Common types of physical evidence in an infliction of injury case include scratches, bruises, burns, cuts or scrapes, hair removal, bite marks, broken bones, ripped clothes and damage to personal property. When such evidence exists, particularly with respect to bodily injury, and can be verified by someone with experience in dealing with these types of injuries, it is much easier for a prosecutor to get a conviction from the jury. However, even with physical evidence, a crafty attorney will try to either refute or downplay its significance. The skilled criminal defense lawyers from The Kavinoky Law Firm aggressively defend their clients and know which arguments to make to try to exclude damaging evidence and which arguments to make to ensure that favorable evidence is both admitted and highlighted for all to see and hear.

Even when physical evidence is admitted into an infliction of injury trial, a knowledgeable criminal defense attorney will make sure that it is carefully examined and, if possible, discredited. The attorneys at The Kavinoky Law Firm work closely with private investigators and expert witnesses to help cover all the bases. The private investigator will take photos of the scene as well as any injuries that were sustained in the dispute. The investigator will interview everyone involved in the incident, including any witnesses who were either present or who have intimate knowledge about the violent history (if any) of the parties involved. The expert witness knows how to analyze injuries to determine if they really could have been caused in both the manner and timeframe alleged. The attorney then takes the information that he or she receives from the investigator and expert and carefully tailors the most effective defense strategy possible.

Facing an infliction of injury charge is no joke. The consequences are severe and possibly even life altering. If facing this charge, it is critical to hire an attorney who is experienced in this complex and technical area of the law. The attorneys at The Kavinoky Law Firm are familiar with every aspect of a California domestic abuse case and have successfully defended countless individuals, treating each with discretion, compassion and respect. They are kept up-to-date on domestic abuse evidentiary issues and cutting-edge trial strategies, which has led to their impeccable reputation. Click here for a free consultation and the best representation.

Sexual battery is a California domestic violence offense that can be charged against any intimate partner. The term “intimate partners” describes nearly every type of relationship – the couple may be straight or gay, married, divorced, living together, have children in common, or be dating or formerly dated. Any individual who touches an intimate partner against that person’s will for sexual gratification can be charged with sexual battery.

Touching includes every type of physical contact – however slight – whether it occurs directly or through the clothing of either individual. Even partners in an ongoing intimate relationship can be charged with sexual battery. Depending on the circumstances, the individual can be charged with a misdemeanor or a felony, with penalties of up to one year in jail or up to four years in prison and fines of up to $10,000.

When a suspect is arrested on a sexual battery charge, bail is set according to the bail schedule but can be raised or lowered based on an application that can be submitted by the defendant, by anyone on behalf of the defendant or by the arresting officer. However, if the victim in the case suffered serious bodily injury as a result of the abuse, the law requires that a bail hearing must be held to determine if modification is appropriate.

If there is a bail hearing, the judge will consider the defendant’s prior criminal history, his or her flight risk, and the facts of the pending case to determine whether to raise or lower the set bail amount or to release the defendant on his or her own recognizance (OR). When the judge makes decisions about bail, he or she presumes that the accused is guilty and makes a decision keeping that in mind. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring a criminal defense lawyer who has experience with every phase of an intimate partner abuse case.

If the defendant is denied an OR release (which is typical when a defendant faces an intimate partner abuse charge) and must post bail, he or she may be released through two different methods: Posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail with either the arresting agency or with the Clerk of the Court. If the accused attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.

A bail bond is a contract with a bail agent where the agent agrees to post a bond for the full bail amount. The bondsman will generally charge ten percent of the bond amount as his fee. The bondsman may also require “collateral” (which is usually a car, house or something else of great value) to secure the bond. This means that if the defendant doesn’t repay the bond, the bondman has the legal right to keep or sell the defendant’s collateral. Once the case is over, the bond is exonerated, and the collateral is then released.

A domestic violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. One’s reputation, career, family and freedom are jeopardized the minute the arrest is made. Because California is so strict with its sexual battery offenders, it’s critical to contact a skilled California defense attorney immediately after being arrested so that the attorney can help the accused navigate through the criminal court system right from the start. In order to secure the best representation from a firm who has successfully defended countless individuals charged with domestic abuse crimes, contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.

Sexual Battery

Sexual battery is a California domestic violence offense that can be charged against any intimate partner. The term “intimate partners” describes nearly every type of relationship – the couple may be straight or gay, married, divorced, living together, have children in common, or be dating or formerly dated. Any individual who touches an intimate partner against that person’s will for sexual gratification can be charged with sexual battery.

Touching includes every type of physical contact – however slight – whether it occurs directly or through the clothing of either individual. Even partners in an ongoing intimate relationship can be charged with sexual battery. Depending on the circumstances, the individual can be charged with a misdemeanor or a felony, with penalties of up to one year in jail or up to four years in prison and fines of up to $10,000.

When a suspect is arrested on a sexual battery charge, bail is set according to the bail schedule but can be raised or lowered based on an application that can be submitted by the defendant, by anyone on behalf of the defendant or by the arresting officer. However, if the victim in the case suffered serious bodily injury as a result of the abuse, the law requires that a bail hearing must be held to determine if modification is appropriate.

If there is a bail hearing, the judge will consider the defendant’s prior criminal history, his or her flight risk, and the facts of the pending case to determine whether to raise or lower the set bail amount or to release the defendant on his or her own recognizance (OR). When the judge makes decisions about bail, he or she presumes that the accused is guilty and makes a decision keeping that in mind. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring a criminal defense lawyer who has experience with every phase of an intimate partner abuse case.

If the defendant is denied an OR release (which is typical when a defendant faces an intimate partner abuse charge) and must post bail, he or she may be released through two different methods: Posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail with either the arresting agency or with the Clerk of the Court. If the accused attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.

A bail bond is a contract with a bail agent where the agent agrees to post a bond for the full bail amount. The bondsman will generally charge ten percent of the bond amount as his fee. The bondsman may also require “collateral” (which is usually a car, house or something else of great value) to secure the bond. This means that if the defendant doesn’t repay the bond, the bondman has the legal right to keep or sell the defendant’s collateral. Once the case is over, the bond is exonerated, and the collateral is then released.

A domestic violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. One’s reputation, career, family and freedom are jeopardized the minute the arrest is made. Because California is so strict with its sexual battery offenders, it’s critical to contact a skilled California defense attorney immediately after being arrested so that the attorney can help the accused navigate through the criminal court system right from the start. In order to secure the best representation from a firm who has successfully defended countless individuals charged with domestic abuse crimes, contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.

Hearsay and its admissibility in a stalking case prosecuted as a California crime of domestic violence

When an individual harasses or follows and threatens his or her intimate partner, with the intent of placing that partner in fear, he or she may be charged with the California domestic violence crime of stalking. Intimate partners may be heterosexual partners or same sex partners that are married or divorced, living together or formerly living together, dating or formerly dating or that have children together. If convicted, the defendant faces either a misdemeanor, punishable by up to one year in county jail and up to a $1,000 fine or a felony, punishable by up to five years in state prison. Aggravating factors and/or prior convictions help determine whether the defendant will be charged with a misdemeanor or a felony and also help determine the extent of the punishment.

There are certain rules of evidence that apply to California domestic abuse cases that don’t apply to other types of criminal cases. Because the stakes are so high in a D.V. case – one’s reputation, family and career are all placed in jeopardy the minute an arrest is made – it is critical for an individual accused of an intimate partner abuse crime to immediately hire an attorney who specializes in this technical area of the law and who is therefore familiar with all of the special evidentiary exceptions that come into play in a domestic violence case.

“Hearsay” is one of those exceptions. Hearsay is a legal term and simply refers to any statement that an individual made previous to his or her testimony under oath, in court. One’s statement or statements that he or she made out of court are oftentimes thought to be relevant to a case, and attorneys frequently try to admit those statements into evidence in a criminal trial. Under most circumstances, these statements are excluded from evidence, because they are believed to be unreliable. However, in California, hearsay, under certain circumstances, is admissible in a domestic violence case. The most common type of hearsay that is acceptable in a DV case is a statement or statements that the alleged victim made when he or she was either witnessing or experiencing the alleged incident. These statements may have been recorded in a 911-telephone call, heard by a neighbor or friend or made to the investigating officer. This type of hearsay is admissible in a stalking or other intimate partner abuse trial because it is believed that the spontaneity of such statements provides an adequate guarantee of their reliability. In reality, this clearly isn’t the case, as many domestic abuse cases are inappropriately filed based on false charges, when the accuser deliberately placed a 911 call out of jealousy, revenge or anger. However, because the statements will still be admissible, it is up to a savvy criminal defense lawyer to recognize when such is the case and to bring it to the judge and jury’s attention, thus serving to vindicate his or her client.

Because of the highly complex and technical rules (and exceptions to those rules) that apply to a California intimate partner violence case, it is absolutely necessary to have a skilled and qualified California defense lawyer who knows how to exclude or downplay this type of evidence. The exceptional attorneys at the Kavinoky Law Firm have both the knowledge and experience to aggressively tackle any issue that may arise in a stalking case. They specialize in DV cases and have successfully defended countless individuals charged with these types of crimes. When things are at their worst, the attorneys from the Kavinoky Law Firm are at their best! Contact them today for a free consultation and for the best representation.

 

Domestic violence, defined by California law, is abuse that takes place within families, specifically with respect to children, parents and grandparents, and between intimate partners. Intimate partners are both heterosexual and homosexual and include people who have children together, people who are living together or who formerly lived together, people who are dating or were dating and people who are married or divorced. Domestic abuse may take on many forms, the most common types being physical, emotional and financial abuse.

Financial abuse, also known as economic dependence or economic abuse, occurs when an individual exerts power over his or her intimate partner or another family member by withholding or preventing access to money, checks, credit cards, necessities such as food, clothing, shelter and medicine and/or steals from his or her intimate partner or another family member. On that note, if such depravation takes place against one’s own child, a child abuse charge of child endangerment may be filed against the parent. Draining bank accounts or accessing other lines of credit are additional ways that an abuser can financially assert power over a family member or intimate partner. When these types of theft occur, the victim’s ability to find new housing or employment may be adversely affected, which acts as a significant barrier to self-sufficiency and empowerment. Economic abuse is a type of emotional abuse and can leave a victim feeling helpless.

Although this type of economic dependence usually takes place between intimate partners, other family members may be affected as well. If a child steals from his or her parent, that is economic abuse and will be treated as a form of domestic violence. It should be noted that the juvenile justice system is different from the adult system and the child would not be prosecuted in the same manner as an adult offender would. Similarly, a child could steal from a grandparent or an adult could steal from an elder parent, which could be prosecuted as elder financial abuse, falling under the jurisdiction of California’s domestic violence laws.

Financial abuse affects victims in much the same way as any other type of domestic abuse. Victims of economic abuse often feel hopeless and trapped in an emotionally draining relationship. They may suffer from depression, stress or anxiety and may develop significant health problems. Depending on how much additional emotional abuse is being targeted at the victim, he or she may also feel worthless and resort to destructive behavior. Sometimes the abuser may force an intimate partner to assume sole responsibility for the bills, may demand his or her paychecks and/or may force his or her intimate partner or child to commit crimes in order to obtain money. When these types of abuses occur, the victim may exhibit even more extreme versions of the above-listed symptoms and may completely withdraw and/or contemplate suicide or act violently towards others.

People who find themselves being financially abused by an intimate partner may be unable to leave their partner due to a recognized psychological condition known as “battered person’s syndrome”. This syndrome, and what’s known as the “cycle of abuse,” are recognized issues that explain why someone who has been consistently and/or severely victimized would choose to stay in a harmful relationship.

Individuals who are being financially abused should speak to an attorney about their legal rights and should seek help to learn how to safely leave an abusive relationship. An individual charged with a crime of domestic violence should immediately contact a criminal defense lawyer upon an accusation. The experienced attorneys at The Kavinoky Law Firm specialize in intimate partner abuse charges and all that goes along with this special class of crimes. They have successfully defended countless individuals charged with domestic violence and treat each client with the respect, discretion and compassion that he or she deserves. To discuss financial abuse or to discuss a domestic violence arrest, contact The Kavinoky Law Firm for a consultation.

Recanting Victims and their Role in a California Domestic Violence Criminal Threats Trial

California domestic violence laws apply to all crimes where the victim is an intimate partner of the defendant. Intimate partners are both homosexual and heterosexual couples that are dating or formerly dated, married, divorced, living together or have children together. When an individual is charged with making criminal threats against his or her intimate partner, the charge will be prosecuted as a domestic abuse crime.

“Criminal threats” is charged when an individual threatens to commit a crime against his or her intimate partner that, if carried out, would result in serious bodily harm or death to that partner. Whether the defendant actually intended to commit the threatened crime is irrelevant to his or her defense. The only issue that truly matters is whether the intimate partner reasonably feared for his or her safety or for the safety of his or her family.

Because an accusation against one’s intimate partner for making a criminal threat can be made with no evidence of the threat, it would be easy for someone to falsely accuse his or her partner of this crime. When this type of situation occurs, the accuser may later decide that he or she wants to tell the truth about what happened. He or she may incorrectly believe that it will help the accused if he or she doesn’t co-operate with the police or prosecuting agency or “recants” (which means to change, retract or take back) his or her allegation. When an accuser does this, it can actually be devastating to the defendant.

When an accuser decides to come clean about a false accusation, it is best that both partners speak to a criminal defense lawyer who is familiar with the issues that a recanting victim raises. The attorneys at The Kavinoky Law Firm have successfully defended numerous individuals who were charged with domestic abuse crimes, including making criminal threats, and understand the challenges that a recanting victim presents. With their compassion, they can help both parties navigate through the criminal court system in an effort to right a wrong.

Recanting victims allow a prosecutor to introduce evidence that may otherwise have been inadmissible during a D.V. trial for threatening an intimate partner. When an accuser recants, the prosecutor is allowed to play for the jury a recording of the emergency call that the accuser placed to the police, either during the threat or immediately after the threat. The district attorney will also be allowed to introduce statements that were made by the accuser during the police investigation. Since that call and the subsequent statements were made when the accuser was actually in fear or were made out of anger, revenge or some other motive that served as the basis for placing the original call, the tone and emotions of the accuser will undoubtedly come through and will receive undue attention from the jury. In addition, when an accuser recants, the prosecutor will likely hire an expert witness to testify that the individual is recanting because he or she was told to do so by an already abusive partner or because he or she was fearful of what would happen if this was not done. The expert will discuss intimate partner violence issues such as the “cycle of abuse” and “battered person’s syndrome” that will likely resonate with the jury. This is another reason why it is imperative for the accused to have a defense attorney who, at the very least, will hire a defense expert to rebut this type of testimony and offer the many legitimate reasons why an accuser might deny his or her original allegations.

When an individual recants, either because his or her original allegations were false or because he or she is truly fearful of his or her partner, it is critical for the accused to retain experienced legal counsel. The attorneys at The Kavinoky Law Firm know what it takes to successfully defend an individual against the damaging effects of a recanting victim.

Domestic battery is a California domestic violence offense that applies to intimate partners. The offense is also referred to as “spousal abuse” or “spousal battery.” Intimate partners include heterosexual or homosexual couples and those who are married, divorced, living together, have children in common, or are dating or formerly dated.

Battery is a “wobbler” offense, which means that it can be charged as either a misdemeanor or a felony depending on the facts of the individual case. When charged as a misdemeanor, battery carries a maximum of a one-year jail sentence and a $2,000 fine. Even the slightest force, or any unwanted touching, can result in a domestic battery charge. However, if serious bodily injury results (for example, broken bones, loss of consciousness or a concussion), the battery will likely be charged as a felony which carries a maximum of four years in state prison.

A four-year prison sentence is the maximum amount of prison time that a defendant convicted of domestic battery as a felony could possibly serve. The law says nothing about mandatory jail or prison time for an offender. If the accused has no prior criminal history, if this charge is his or her first domestic abuse charge or if the facts surrounding this allegation aren’t too horrifying, an experienced criminal defense lawyer may be able to convince a court to impose probation conditions that don’t include imprisonment.

However, if a defendant is convicted of domestic battery and has been previously convicted of this same charge, he or she will most likely be ordered to serve at least 48 hours in county jail. This is another reason why it is so important for an accused – especially an accused who has a prior battery conviction – to retain legal counsel who has experience dealing with California intimate partner abuse cases. Without a competent attorney, a defendant will definitely serve the mandatory time in jail upon a second conviction. However, a skilled defense attorney will aggressively defend his or her client by arguing that imprisoning the defendant does not serve the best interests of justice. He or she further knows what facts and circumstances will help convince the judge accordingly.

Unfortunately, the judge is not the only one who hears about the defendant’s prior domestic violence convictions. While most criminal cases exclude prior conduct from evidence, domestic abuse crimes are an exception. Evidence of the defendant’s prior acts of intimate partner violence are admissible against the accused in a jury trial. This means that a jury will be allowed to hear that the accused has committed similar offenses in the past and, as a result, they are likely to conclude that he or she did so again.

When facing a domestic battery charge – especially when one has a history of prior domestic abuse – it is imperative to hire a qualified criminal defense attorney who is not only familiar with all of the issues that frequently arise with this charge, but who is also familiar with all of the issues that prior acts of domestic violence raise. The attorneys from The Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner abuse charges. They receive ongoing education and training in this specific area of the law, which is directly responsible for their outstanding results. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best! Click here for a free consultation and for the best representation.