Alternative sentencing: Alternatives to jail or prison for an individual convicted of the California domestic violence crime of stalking his or her intimate partner

Stalking, will be prosecuted as a crime of domestic violence in California if the defendant willfully followed or harassed and threatened his or her intimate partner with the intent of placing that partner in fear. Intimate partners are married, divorced, dating, formerly dating, living together or persons who have children together. The laws apply to both heterosexual partners and same-sex partners. If convicted, the defendant faces up to a year in jail and up to a $1,000 fine if the charge was prosecuted as a misdemeanor or up to one year in prison if the charge was processed as a felony. Aggravating factors and/or certain prior convictions will likely result in a felony charge, raising the prison sentence to as many as six years. Regardless of how the crime is classified, additional penalties will also be imposed.

Alternative sentencing allows a defendant to stay out of jail or prison, so long as he or she abides by specific conditions imposed by the court. Alternative sentencing is not something that a judge or prosecutor offers to a defendant convicted of a crime, as it is up to a good criminal defense lawyer to advocate for it on behalf of his or her client. The outstanding attorneys at the Kavinoky Law Firm keep current on alternative sentencing options and the ways in which they can be used for persons convicted of D.V. stalking, which allows them to effectively argue for specific alternatives to imprisonment.

Alternative sentencing can vary in supervision, in time commitment and in intensity. Some common alternatives to jail or prison that might be imposed when an individual has been convicted of stalking his or her intimate partner in a domestic abuse case include electronic monitoring or house arrest, probation, counseling for any number of issues, including domestic violence and/or substance abuse and making restitution to the intimate partner, if possible. Although these alternatives are the most commonly used, they are by no means all of the options available to a defendant. A creative attorney may suggest different alternative sentencing options that are tailored directly to his or her client’s needs and that may help rehabilitate the defendant’s behavior in a more effective way than incarceration would. It should also be noted that in a DV stalking case, a court might on its own decide that the Department of Corrections should evaluate the defendant for placement in a state mental hospital if it believes that the rehabilitation of the defendant would be expedited in such an institution.

Courts will take into account a variety of factors when considering whether to impose an alternative sentence when requested. Drugs and/or alcohol, the defendant’s prior criminal history, mental illness and mitigating or extenuating circumstances will all factor into a judge’s decision when he or she weighs the pros and cons of imposing an alternative to jail or prison. The experienced attorneys at the Kavinoky Law Firm will vigorously advocate for their clients and know which circumstances and facts will be likely to persuade a court to grant their request for alternative sentencing. Because of their unparalleled advocacy skills, they have received alternative sentences for many of their clients who were charged with stalking an intimate partner.

Alternative sentencing can be the key to ensuring that an individual convicted of stalking his or her intimate partner maintains his or her liberty and freedom. A stalking charge prosecuted as an intimate partner abuse crime can be a life changing event. One’s reputation, family and freedom are too important to trust to an inexperienced attorney. The attorneys at the Kavinoky Law Firm will fight for their clients by proposing creative alternative sentencing options that will keep their clients out of jail or prison. They specialize in crimes of domestic violence and know what it takes to win. Click here for a free consultation.

Sex offender management through the Department of Justice: How a registered sex offender convicted of stalking his or her intimate partner in California will be tracked

Domestic violence laws, in California, apply to all crimes committed against one’s intimate partner. Intimate partners are defined as heterosexual or same-sex partners that have children together, are living together, are married, divorced, dating or formerly dating. It therefore follows that if an individual harasses or follows and threatens his or her intimate partner with the intent of placing that partner in fear for his or her safety, he or she will be charged with stalking as a domestic abuse crime. If convicted, absent any aggravating factors or specific prior convictions, he or she will face up to one year in jail and up to a $1,000 fine if the charge was handled as a misdemeanor or up to one year in prison if the charge was treated as a felony. In addition to several additional penalties, the defendant may be ordered by the court to register as a sex offender if the court determines that the stalking was motivated by sexual desire or gratification.

Once an individual has been ordered to register as a sex offender and prior to being placed on probation or released from jail or prison, he or she will receive written notice about how to register. The Department of Justice (DOJ) receives a copy of that notification as well so that it knows who is required to register and can ensure that he or she promptly does so.

Sex offenders must update their personal information yearly, within five days of their birthday. If, however, a registered offender changes his or her name or moves after a scheduled update, he or she must notify his or her local law enforcement agency within five days. Transients (people who do not have a permanent legal address) and those labeled “sexually violent predators” will be required to update their information more frequently.

Local law enforcement agencies pass the offender’s information on to the Department of Justice’s Violent Crime Information Network. The information is then stored and maintained and, under certain circumstances, posted on the Internet for public viewing. The Department of Justice updates their database daily, based on the information it receives from its reporting law enforcement agencies, and keeps track of each individual’s reporting date and of any violations that he or she committed with respect to keeping those dates.

The Office of the Attorney General at the Department of Justice operates a website, which may be found at www.MegansLaw.ca.gov. Once the DOJ has an individual’s information, it will be available for public viewing on that website. Depending on the specific sex crime that the individual committed, his or her full address and other relevant information or his or her zip code and other relevant information will be accessible. However, about 25% of all registered sex offenders will not appear on the website because they committed “less serious” sex offenses and therefore may legally be excluded from public disclosure.

Sex offender management is one of California’s priorities. California was the first state to enact sex offender registration laws and is one of the toughest on its offenders. This state also leads the way in protecting victims of intimate partner abuse and in holding their assailants accountable. With such severe penalties facing an individual charged with stalking his or her intimate partner, it is critical that the accused hires a skilled criminal defense lawyer immediately upon an allegation. The outstanding attorneys at the Kavinoky Law Firm have successfully defended countless individuals charged with D.V. stalking because they are familiar with and understand all of the evidentiary issues and defenses that are relevant to this crime. One’s freedom, family and reputation are too important to trust to an inexperienced attorney. Click here for a free consultation and for the best representation.

Aggravating Factors with Criminal Threats

An individual who willfully threatens to commit a crime against his or her intimate partner can be charged with making criminal threats. Under California domestic violence law intimate partnerships include couples who are straight or gay, who may be married or divorced, have children in common, are living together, or who have dated at any time.

Criminal threats are in part defined as crimes that may result in death or serious bodily injury to a partner, either by verbal, written or electronic communication. Whether or not the defendant has an intention to actually carry out the threat is irrelevant to this offense if the partner is reasonably in fear for his or her own safety or for the safety of his or her family.

This charge may be prosecuted as either a misdemeanor or a felony, punishable by up to one year in the county jail or state prison. It is important to note that the threat, on its face and under the circumstances, must be so clear, unconditional, immediate and specific so as to convey to the partner that the threat could be immediately executed, even if the defendant doesn’t actually intend to carry out the threat.

Certain “aggravating factors” may prompt the court to impose additional sentencing if the suspect is found guilty of the crime. This is simply another reason why the accused should always hire an experienced attorney when charged with a crime. The skilled criminal defense lawyers at The Kavinoky Law Firm have experience in defending California domestic abuse cases. They are familiar with this special area of the law and will both aggressively defend the charges and do their best to keep all penalties to a minimum by arguing the injustice involved in imposing additional penalties.

Two aggravating factors are commonly alleged in a criminal threats charge. The first deals with injury. If the defendant is convicted of this crime and his or her intimate partner was significantly or substantially injured as a result of the charged incident, the defendant will serve three to five years in prison in addition to any other prison time that the judge orders.

The other aggravating factor that may affect any criminal case is the defendant’s prior criminal history. Before a judge imposes punishment upon a convicted defendant, he or she will consider any past criminal conduct that is on the defendant’s record. While this specific crime doesn’t have a section that states that a prior conviction for the same offense will automatically result in more severe punishment, prior convictions of any kind will likely affect the sentence that the judge issues.

An experienced lawyer who is familiar with the intricacies of domestic violence laws and, more specifically, criminal threats will attempt to persuade the court to either reduce any mandatory prison time in the interests of justice and/or may propose alternative sentencing as another option, based on the facts and circumstances of the individual case.

Before the court sentences a convicted defendant, it will hear from both parties as to whether there were any mitigating or aggravating circumstances that it should consider. When the prosecution presents aggravating circumstances, the court will generally impose the strictest available penalty unless a good defense attorney is able to dissuade it from doing so. When aggravating circumstances exist, it is critical that the accused contact an attorney who has the knowledge and skills to effectively convince the court that to add an additional sentence would be against the interests of justice. The attorneys at The Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner abuse charges.

Domestic battery, which is also called “spousal battery” or “spousal abuse,” is a California domestic violence crime that applies to intimate partners. Intimate partners can be heterosexual or gay, married, divorced, living together, have children together or be dating or were formerly dating. If a person willfully and unlawfully uses force or violence upon an intimate partner, he or she can be charged with misdemeanor battery. This charge can be brought against a defendant even if he or she used the slightest force. Any unwanted physical touching could lead to a battery charge. However, if serious bodily injury results, such as broken bones, loss of consciousness or a concussion, the battery will likely be charged as a felony.

California has taken a stand on domestic abuse by becoming one of the strictest states when it comes to punishing its offenders. The consequences of a battery conviction are severe and possibly even life altering. A first-time offender faces up to one year in jail and a $2,000 fine if the crime is charged as a misdemeanor or up to four years in state prison if the offense is charged as a felony. In addition, an individual with prior convictions will face even stiffer penalties.

In an effort to try to put an end to the violence, there are many programs throughout the state that offer services to educate both the victims and abusers involved in these intense, volatile relationships. The services are provided in numerous languages to people of every economic, ethnic and religious background, and target both heterosexual and homosexual individuals. If interested in pursuing self-help or if looking to help another, a caring criminal defense lawyer is a great place to start, as he or she will have these types of resources and referrals right at his or her fingertips.

Counseling for those affected by domestic violence is available to not only help the abuser deal with anger management and violence issues, but exists to help empower victims of intimate partner abuse as well. With respect to abusers, the goal of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. Services for the victim frequently include private or group therapy, vocational training, and lessons on how a victim can safely flee from a violent partner.

For the abuser, there are batterer’s classes that are structured courses designed to stop the use of physical, psychological or sexual abuse to gain or maintain control over a partner. Domestic violence statistics reveal that drugs and/or alcohol often accompnay violent incidents, and there are free Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meetings held throughout the state for the abuser who needs this type of help as well. Long-term, live-in facilities are also available if more intense treatment is necessary.

For the victim, there are emergency shelters throughout the state that allow victims and their children to temporarily reside in safety, keeping their identity confidential. These shelter locations are kept secret from the public to help further protect the residents. There are also many government financial assistance programs available to help the victim and his or her family get back on their feet.

Individuals affected by domestic battery can take comfort in knowing that help is available. SAFE (Stop Abuse For Everyone) is a fabulous resource, as it breaks down many categories of victims and abusers and then lists several of the state’s programs under each. The National Domestic Violence Hotline is another great resource both online and via telephone (1-800-799-SAFE). In addition, the compassionate, discreet and trustworthy attorneys at The Kavinoky Law Firm will help refer individuals to a variety of services that will meet their needs. For questions about battery, or about classes and resources available to those affected by it, please click here for a free consultation.

Punishment Associated with a California Domestic Violence Criminal Threats Conviction

Domestic violence crimes in California include all crimes in which the victim of the crime was an intimate partner of the offender. Intimate partners include heterosexual and same-sex couples that are married, divorced, living together, have children together, dated and formerly dated. As a result, making criminal threats against one’s intimate partner will be prosecuted as a domestic abuse crime.

“Criminal threats” can be charged if an individual threatens to commit a crime against his or her intimate partner that, if carried out, would result in death or serious bodily injury to that partner. This crime may be charged even if the accused didn’t actually intend to follow-through with the threat, so long as the partner believed that the threat was real and reasonably feared for his or her safety as a result. Depending on the circumstances that surround the threat, the charge may be filed as a misdemeanor or felony, punishable by up to one year in the county jail or state prison.

While imprisonment is the most severe punishment involved in a criminal threats conviction, it certainly isn’t the only penalty that the defendant faces. It is also important to keep in mind that in addition to the extra sentencing requirements that follow below, aggravating factors will most likely invite an even stiffer prison sentence.

Probation is usually offered to a defendant convicted of making criminal threats. Probation generally lasts for at least three years and, depending on whether the case was prosecuted as a misdemeanor or a felony, will either be formal, which means that the defendant frequently reports directly to a probation officer, or informal, which means the defendant periodically updates the court with progress reports.

When probation is imposed, there are certain mandatory terms of probation that apply to all California intimate partner abuse crimes. There are some procedural-type requirements that are usually dealt with immediately. The first requirement is that the defendant must go through the “booking process” if he or she wasn’t booked upon arrest. Booking includes being fingerprinted, photographed and entered into a criminal database. The second condition is that a criminal protective order will be issued against the offender. The restrictions imposed on the restrained individual will vary depending on the circumstances that surrounded the charged incident.

Probation also includes some conditions that are designed to both rehabilitate and punish the offender. A defendant convicted of D.V. criminal threats, who is granted probation, will be required to attend at least 52 weekly batterer’s classes for at least one year. The court will also order the accused to pay a fine payable to various domestic violence funds.

Professional licensing restrictions may also face an individual who was convicted of making criminal threats against his or her intimate partner. Depending on the defendant’s career, if he or she holds a professional license, there is a chance that it could be suspended or revoked if the licensing board feels that making criminal threats is substantially related to his or her job. Having a qualified attorney to help defend against a possible license restriction is encouraged, as professional representation will know the appropriate arguments to make to prevent such a restriction or revocation.

Civil liability may also face a defendant who was charged with making criminal threats against his or her intimate partner. In civil court, a convicted defendant would face additional heavy fines and would be restrained by a civil protective order but would not face any additional jail or prison time.

“Criminal threats” has serious consequences. In order to ensure the most comprehensive defense, it is vital to hire one of the skilled attorneys at The Kavinoky Law Firm who has experience not only with this specific charge, but with intimate partner violence cases as well. An experienced defense lawyer can answer any questions about domestic abuse charges and professional license restrictions in California domestic violence cases during a free consultation.

Eyewitness Accounts in a Violation of a Protective Order Case

Eyewitness accounts can be a crucial element of violation of a protective order cases and other California domestic violence prosecutions. Because of the intimate nature of domestic violence, most offenses occur outside the presence of witnesses. As a result, many intimate partner abuse cases are based on “he said, she said” allegations. Eyewitnesses, therefore, play a vital role in helping to prove or disprove that the accused violated his or her court order.

Protective orders can be issued against any intimate partner in a California domestic abuse case. Intimate partners may be straight or gay and can be married, divorced, cohabiting, have children together, or be currently or were formerly dating. Protective orders include orders issued by the court that prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way.

Anyone who intentionally violates a protective order in a California domestic abuse case can be charged with a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine. California courts may even punish an offender for violating an order in California that was issued in another state. If the violation results in physical injury to the alleged victim, the offender will serve mandatory jail time of at least 30 days and the fine may rise to $2,000.

An eyewitness’s job is to tell the judge and/or jury what he or she saw with no inherent bias. Easily said, but rarely done. Eyewitnesses almost always have a bias either for or against one of the parties, depending on his or her relationship with each. As a result, the truth generally gets lost in translation.

Because both attorneys have an equal opportunity to examine a witness, witnesses essentially testify for both parties. A skilled criminal defense lawyer knows how to take an eyewitness who is presented by the prosecution and turn him or her into a witness who ultimately helps prove the defendant’s version of the events. Similarly, a good defense attorney will invest time in preparing an eyewitness that he or she intends to “put on the stand” in order to try to make that witness as comfortable as possible with respect to answering questions from both lawyers.

Domestic abuse cases are usually based on a highly charged, emotional incident that unfortunately took a turn for the worse. This means that even if there was an eyewitness to the violation, that individual may not have witnessed all the events that led to the charged incident and may not have the accurate back-story on what took place before the charged incident. It is the attorney’s job to make sure that this type of information gets relayed to the jury. The experienced attorneys at The Kavinoky Law Firm have successfully defended countless individuals who were charged with violating protective orders. They are familiar with all aspects of California’s intimate partner violence laws and know how to skillfully examine witnesses in ways that are beneficial to their clients. In conjunction with their private investigators, the attorneys not only interview all witnesses but also check each witness’s criminal history to uncover any past conduct that could be considered relevant in weighing that witness’s credibility. A knowledgeable attorney will effectively cross-examine prosecution witnesses in the case to bring out and highlight discrepancies in their accounts that may otherwise be overlooked.

An eyewitness could potentially be the “kiss of death” to a defendant facing a domestic abuse charge. When charged with violating a court order (especially when there was an eyewitness), it becomes even more critical for the accused to hire an attorney who is experienced in witness preparation and who excels in cross-examination. The attorneys at The Kavinoky Law Firm know how to handle different witnesses under a variety of circumstances. Keeping the jury in mind, they know when it is appropriate to examine a witness with care and compassion and they know when it is appropriate to “take the gloves off” to aggressively attack. A skilled lawyer can outline an effective defense strategy during a free consultation.

The types of child abuse that will be prosecuted under California’s domestic violence laws

Child abuse, defined under California’s domestic violence laws, is any abuse, including physical, sexual, emotional abuse or neglect, that is directed as one’s child, under the age of 18, whether the child is personally the victim of the abuse or whether he or she is a witness to the abuse that is taking place in his or her home.

Child abuse is, unfortunately, a rapidly growing problem in this country and California is among the toughest states on child abusers. It exists in all parts of the country and occurs in homes regardless of the race, religion or economic status of its residents. Both homosexual couples and same-sex partnerships are guilty of abusing their children and its effects on children are overwhelmingly devastating.

Physical child abuse will be prosecuted as a California crime of domestic abuse when an individual intentionally inflicts an injury upon his or her child. About 25% of all of the confirmed cases of child abuse in this country involve physical abuse. Incidents of physical abuse generally occur when a parent is stressed and unable to control his or her impulses, which leads the parent or her to strike his or her child, oftentimes without consideration for his or her consequences. Other times, a child may become the victim of physical abuse if he or she tries to intervene to protect a parent who is being abused. Unfortunately, due to an adult’s size and strength, a parent may unintentionally severely injure or even kill his or her child during a moment of rage. Sadly, many parents who abuse their children were also abused as children and don’t realize that physical punishment is an inappropriate form of discipline.

Child sexual abuse will be treated as a D.V. crime when an activity is either performed on one’s child or performed in front of one’s child that is for the sexual gratification of the parent. It includes, but isn’t limited to, sexual touching or intercourse, allowing one’s child to watch pornography and persuading one’s child to expose his or her sexual organs.

Emotional abuse will be charged as a DV crime when one rejects, criticizes, terrorizes, ignores or isolates his or her child. Although emotional abuse is the third highest form of reported child abuse, following physical abuse and neglect, it is believed to be vastly underreported because it is difficult to prove and is usually seen in connection with other types of abuse. Emotional abuse, when directed at one’s child, can be one of the most destructive types of abuse that a child can suffer. Children who are consistently shamed, rejected or ignored suffer at least as much pain as a child who is physically abused and, most likely, even more. A child who is emotionally abused by his or her parent will often display destructive behavior, may engage in drug and/or substance abuse, will have a difficult time establishing relationships with others, will withdraw, will suffer from poor self-esteem and may ultimately even attempt suicide.

Neglect is a type of child endangerment that exists when a parent fails to satisfy his or her child’s basic needs. The neglect can vary and may include a parent not providing supervision, shelter, food or clothing, a parent ignoring his or her child’s emotional or psychological needs (for example, permitting drug and/or alcohol abuse in the home which is witnessed by the child) or a parent failing to ensure that his or her child receives proper schooling and medical treatment when necessary.

The penalties for domestic violence related child abuse are severe and may have life changing consequences for everyone involved. The offender faces child custody issues, significant jail or prison time and many other requirements that are imposed in an effort to both punish and rehabilitate the individual. To help keep these possibilities from becoming a reality, contact the criminal defense lawyers at the Kavinoky Law Firm today for a free consultation.

Eyewitness Accounts 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 of the intimate nature of domestic abuse, most violent situations occur outside the presence of witnesses. As a result, many infliction of injury cases are based on “he said, she said” allegations. Eyewitnesses, therefore, play a vital role in helping to prove or disprove an alleged victim’s charge of abuse.

The job of an eyewitness is to simply tell the judge and/or jury what he or she saw with no inherent bias. Easily said, rarely done. Eyewitnesses almost always have a bias either for or against one of the parties, depending on his or her relationship with them. As a result, the truth generally gets lost in translation.

There is a common misconception that a witness testifies for either the prosecution or the defense, but that is truly not the case. Since both parties have a chance to examine the witness, witnesses essentially testify for both parties. A skilled criminal defense lawyer knows how to take an eyewitness who is presented by the prosecution and turn him or her into a witness who ultimately helps prove the defendant’s version of the events. Similarly, a good defense attorney will invest time in preparing an eyewitness that he or she intends to “put on the stand” in order to try to make sure that he or she is comfortable with answering questions and to ensure that the witness doesn’t get tripped up by the prosecutor’s cross-examination.

Infliction of injury cases are usually based on a highly charged, emotional incident that unfortunately took a turn for the worse. This means that even if there was an eyewitness to the abuse, that individual may not have witnessed all the events that led to the charged incident and may not have the accurate back-story on what took place before the charged incident. It is the attorney’s job to make sure that this type of information gets relayed to the jury. The experienced attorneys at The Kavinoky Law Firm have successfully defended countless individuals who faced infliction of injury charges. They are familiar with all aspects of California’s intimate partner abuse laws and know how to skillfully examine witnesses in ways that are beneficial to their clients. In conjunction with their private investigators, the attorneys not only interview all witnesses but also check the criminal history of each witness to uncover any past conduct that could be considered relevant in weighing that witness’s credibility. A knowledgeable attorney will effectively cross-examine witnesses in an infliction of injury case to bring out and highlight discrepancies in their accounts that may otherwise be overlooked.

An eyewitness could potentially be the “kiss of death” to a defendant facing a domestic abuse charge. When facing an infliction of injury charge (especially when there was an eyewitness), it becomes even more critical for the accused to hire an attorney who is competent and experienced in handling witness preparation and who excels in cross-examination. The attorneys at The Kavinoky Law Firm know how to handle diverse witnesses under a variety of circumstances. Keeping the jury in mind, they know when it is appropriate to examine a witness with care and compassion and they know when it is appropriate to “take the gloves off” to aggressively attack. They are in it to win! Don’t hesitate to contact them today. Click here for a free consultation and for the best representation.

DNA Evidence in a Violation of a Protective Order Case

Violation of a protective order is a California domestic violence offense that can be charged against an intimate partner. The term “intimate partners” includes every type of couple – straight, gay, married, divorced, cohabiting, individuals with children in common, or who are currently or were formerly dating.

Anyone who intentionally and knowingly violates a protective order in a California domestic abuse case can be charged with a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine.

Protective orders issued by the court prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. California courts even punish domestic violence defendants for violating orders in California that was issued in other states. If the violation results in physical injury to the alleged victim, the offender will serve mandatory jail time of at least 30 days and the fine may rise to $2,000.

Unfortunately, there are many partners who are involved in mutually abusive relationships. This means that both partners are victims and abusers. In these troubling relationships, both partners will exert their power in a number of ways. One of the common ways that a partner will do this is by making a false allegation. An example of this is when the self-proclaimed “victim” accuses his or her partner of violating a protective order when he or she actually didn’t.

In a case alleging physical injury to the protected party or in a case where there may be some physical evidence, such as a letter, DNA evidence can play a vital role. When charged with violating a court order, it is important to hire an attorney who is experienced with all of the evidentiary issues that often arise in connection with this crime. The skilled criminal defense lawyers at The Kavinoky Law Firm receive ongoing training in intimate partner abuse trial strategies and evidentiary issues, such as DNA evidence, giving them a leg up on the competition.

In criminal courts throughout this country, DNA evidence is playing a larger role than ever before in helping to convict the guilty and to clear the falsely accused. DNA (deoxyribonucleic acid) evidence is particular to each individual and remains constant throughout one’s life. Virtually every cell in the body contains DNA and it is the same in each cell, whether it is found in one’s hair, saliva, blood, skin tissue or bone. This evidence is so powerful because, with the exception of identical twins, no two people share the same DNA. This means that if DNA can be collected from a crime scene, it can either link the accused to the crime or exclude the accused from the crime. For example, in a violation of a protective order case, if the defendant’s DNA evidence, such as saliva, blood or skin tissue, is found on the protected party’s body or clothes, or on a letter written to the protected party, it will be easier to assess blame to the accused. However, if someone else’s DNA is found on the alleged victim or on any other physical evidence, it may be easier to clear the suspect and possibly look at bringing a criminal charge against the “victim” for filing a false police report.

DNA evidence is clearly here to stay. Having an attorney who is well versed in DNA evidence and the ways that it can be admitted into and excluded from evidence in a domestic abuse case is of the utmost importance, especially when facing potential jail or prison time in connection with a conviction for violating a protective order. The knowledgeable attorneys at The Kavinoky Law Firm have experience with this complex and technical area of the law. An experienced lawyer can outline an effective defense strategy during a free consultation.

Hearsay and 911 Calls in a Sexual Battery Case

Sexual battery is a domestic violence offense that can be charged against any intimate partner in a California domestic abuse case. The term “intimate partners” is defined very broadly under California domestic violence law – the partners can be gay or straight, married, divorced, currently or formerly living together, have children together, or be dating or formerly dating.

Touching an intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse can result in a sexual battery charge. Any physical contact – however slight – can be considered touching, even if it occurs through the clothing of either partner. Even an individual involved in an ongoing relationship can face sexual battery charges. Depending on the circumstances, the crime can be charged as 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.

With such severe consequences, a sexual battery charge is no joke. That is why it is imperative for the accused to hire an attorney who is knowledgeable not only with respect to California domestic abuse crimes but with the types of evidentiary issues that frequently arise during these types of trials. The experienced criminal defense lawyers at the Kavinoky Law Firm have successfully defended countless individuals in sexual battery cases because they receive ongoing training and education about intimate partner abuse cases and the issues that commonly surround these types of cases. They know how to argue for admission or exclusion of hearsay and 911 evidence to provide the most effective defense for their clients.

“Hearsay” is a legal term that refers to statements that were made out of court that are later offered in court as evidence of their truth. Although hearsay evidence is generally inadmissible in criminal proceedings, there are exceptions to that rule, and intimate partner violence cases are one of those exceptions. Under California law, hearsay statements, including 911 telephone calls, are relevant in domestic abuse cases. This exception admits into evidence statements made by the complaining witness at the time when he or she was experiencing or witnessing the violent act or acts that are the subject of the case.

The rationale behind this exception is that the spontaneity of such statements and the lack of opportunity for reflection and deliberate fabrication provide an adequate guarantee of their trustworthiness. Clearly this isn’t the case in reality, as many 911 calls have been placed under false pretenses and based on underlying motives such as anger, revenge and jealousy. Nonetheless, these statements are admissible into evidence and, in a vigorous effort to convict the defendant, the prosecutor will seek to have the investigating officer read the alleged victim’s statements to the jury and will also ask the judge to play the recorded 911 call for the jury. However, even the exceptions have exceptions, which is why it is so important to have professional legal representation that is familiar with this area of the law.

Because of the highly complex and technical rules (and exceptions to those rules) that come into play in a California intimate partner abuse case, having a skilled and qualified defense lawyer who knows how to exclude or downplay this type of evidence is critical. The attorneys at the Kavinoky Law Firm have both the knowledge and experience to aggressively tackle any issue that may arise in a sexual battery case. Whether the allegation stems from an intense, emotional dispute that took a turn for the worse, from a false report, or from a simple mistake, professional guidance can help ease a difficult situation. When things are at their worst, the attorneys from the Kavinoky Law Firm are at their best! A defense lawyer experienced in California domestic violence cases can outline a strategic defense plan during a free consultation.