Violation of a Protective Order Trial Considerations

Individuals facing a charge of violation of a protective order or another California domestic violence offense involving intimate partners face specific issues if their cases go to trial. California domestic abuse law defines ‘intimate partners’ very broadly – they may be married, divorced, cohabiting, have children in common, be dating or formerly dated. The laws apply equally to straight and gay couples.

Protective orders are issued by the court in California DV cases to bar an offender from engaging in abuse, re-entering his or her own home, or even behaving in a specified way. Anyone who knowingly violates a protective order can be charged with a misdemeanor that carries a maximum penalty 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.

In an intimate partner abuse case, there are several evidentiary issues that frequently arise. Because the consequences of a domestic violence conviction are so severe, it is imperative that the defendant hires a criminal defense lawyer who keeps current with the latest applicable case law and cutting-edge trial strategies. The attorneys at The Kavinoky Law Firm have experience dealing with every aspect of a California domestic abuse case and receive ongoing training to make sure that they maintain their reputation for excellence. They know the intricacies involved in all the evidentiary issues that may arise and how to successfully use each to their client’s advantage.

The following are some of the issues that may arise in a case where the defendant is accused of violating a protective order:

• Battered Person’s Syndrome (more commonly called Battered Women’s Syndrome) is a psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. Although it usually refers to a woman, battered person’s syndrome can apply to a woman or a man involved in a heterosexual or homosexual relationship.
• Physical evidence can be a huge issue in a violation of a court order case. When a defendant violates a court order, the violation could be verbal, written or physical. Anything physical evidencing the violation is therefore helpful to the prosecution if and when it exists. A skilled defense attorney knows the appropriate arguments to make to try to exclude such evidence.
• DNA evidence is playing a larger role than ever before in domestic violence cases throughout the country, both to convict the guilty and to exonerate those wrongly accused or convicted.
• Recanting victims are very common in domestic abuse cases. There are a number of reasons that a victim “recants” (takes back his or her story) during a trial. Because this is so common, the prosecution usually expects that a victim will recant and knows exactly how to proceed under this type of situation.
• Eyewitness accounts can make or break a case. Either side can subpoena witnesses who were present during the charged incident. A skilled defense attorney will work with defense witnesses to make sure that they tell their version of the events in the light most favorable to the defendant. A good attorney also knows how to effectively cross-examine prosecution witnesses to highlight discrepancies in their accounts.
• The prosecution frequently tries to introduce hearsay and 911 calls into the record. Unlike most criminal cases, hearsay and 911 calls are sometimes allowed into evidence in domestic violence cases. This is another reason why it is so important to have an attorney who is experienced in California domestic abuse law, as he or she knows how to effectively argue against their admission.

There are many unique trial issues that arise in a case alleging violation of a protective order, which is why it is critical to hire an attorney who is qualified, skilled and experienced in this area. Contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.

Criminal Threats

Domestic violence laws in California protect against abuse between intimate partners. The phrase “intimate partners” applies to both straight and gay couples who are either married or divorced, have children together, are living together, or who have dated at any time. Making criminal threats against an intimate partner is one of the charges that may be filed in a California domestic violence case.

Given the fact that California is one of the strictest states with respect to its domestic abuse offenders, it is critical to hire an attorney who is experienced and knowledgeable to aggressively defend the charges. The consequences that a domestic violence arrest can bring are extremely serious and a skilled attorney at The Kavinoky Law Firm knows how to successfully resolve these types of cases.

“Criminal threats” is what is known as a “wobbler,” meaning that the offense can be charged as either a misdemeanor or a felony depending on the severity of the individual case. An individual who willfully threatens to commit a crime against his or her intimate partner which will result in death or serious bodily injury to that partner either by verbal, written or electronic communication, whether or not he or she has any intent to actually carry out the threat, may be charged with this crime 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 accuser that the threat could be immediately executed. In addition, the form of the threat doesn’t matter – the threat could be made in person, in a letter, over the telephone, or conveyed in an e-mail – just as long as the person actually receives the threat. On that note, the threat doesn’t even need to be real. Even if the defendant never actually intended to carry out the threat, he or she could still be prosecuted for this crime if his or her intimate partner was reasonably in fear.

Making criminal threats isn’t necessarily a domestic violence charge, as a threat can be made against anyone. However, when the threat is directed at an intimate partner, the result is that the charge will be treated as an intimate partner abuse case and prosecuted under domestic violence law. California domestic violence laws carry serious consequences, including but not limited to heavy fines, jail and/or prison time, firearm and professional licensing restrictions, and irreparable damage to one’s reputation. Given the severity of these consequences, it is vital to have a skilled attorney at the defendant’s table.

An experienced attorney will focus on the accuser’s motives and credibility and possible lesser-included offenses. Sometimes the accused faces false allegations based on factors such as jealousy or revenge and it is up to a skilled lawyer to highlight these types of defenses. Contacting a criminal defense attorney at The Kavinoky Law Firm as soon as possible allows the attorney to question witnesses and examine evidence soon after the event, providing the best opportunity for a successful defense.

Many individuals convicted of a misdemeanor or felony offense in California fear that their criminal records will follow them throughout their lives and create impediments to employment, housing, education and other opportunities. This fear is not unfounded, however, it’s often possible to wipe the slate clean through a process called expungement. The skilled lawyers of The Kavinoky Law Firm are experienced in every aspect of California expungement and other forms of post-conviction relief, and will fight hard to clean up an individual’s criminal record.

Expungement of California misdemeanor offenses is possible as long as the defendant meets certain criteria. The individual must have completed probation, if applicable, or have been granted early release – something that a knowledgeable defense attorney can also help with. If the individual violated the terms of probation and had it reinstated or revoked, it’s up to the court to decide whether to grant expungement. If the individual was not placed on probation, at least one year must pass between the date of conviction and the date that expungement is requested.

In addition to the requirements listed above, all fines, court fees and restitution ordered as part of the original sentence must be paid, and the individual cannot have any criminal charges pending or be on probation for another offense.

Certain offenses cannot be expunged, including most sex crimes and violations of California Vehicle Code section 42001(b) which includes sections 2800, 2801 and 2803.

If all of the requirements listed above are met, the process of expunging a California misdemeanor conviction is as follows: An attorney files a petition with the original court of conviction to have the charges dismissed. If the petition is granted, the individual is allowed to withdraw a plea of Guilty or nolo contendere / No Contest. If the individual was convicted by a judge or jury, the guilty verdict is set aside. When that occurs, the original charges are dismissed and the individual no longer has a conviction on his or her record.

Although expunging a California misdemeanor conviction has enormous benefits, there are also limitations. The individual must disclose expunged offenses in certain circumstances, including applications for public office or any state license, such as real estate, stock broker, doctor, lawyer, etc., or contracting with the California State Lottery.

Other circumstances not specifically mandated by law may also require disclosure, such as applications to become a police officer. In addition, restrictions such as firearm possession or requirement to register as a sex offender will still apply even though expungement has been accomplished..

Despite the limitations, the benefits of expunging a California misdemeanor conviction are enormous. Having a clean criminal record eliminates hurdles to many opportunities, particularly employment. Perhaps even more valuable is the peace of mind that comes from rectifying a past mistake. To learn more about expungement or other forms of post-conviction relief, contact The Kavinoky Law Firm today for a free consultation.

Infliction of Injury’s Aggravating Factors

Willful infliction of injury, more commonly called “spousal abuse,” is a California domestic violence crime that applies to intimate partners. These partners may be 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.

While that is the basis of an infliction of injury charge, there may be facts and circumstances that surround the alleged incident that could be considered “aggravating factors” and will, in turn, force a court to impose additional sentencing if the suspect is found guilty of the crime. This is simply another reason why an 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 not only aggressively defend the charges, but will also do their best to keep all penalties to a minimum by arguing the injustice involved in imposing additional penalties.

In an infliction of injury case, if the accused either lives with or lived with the alleged victim or a minor (a person under 18 years of age), or the accused is married to the victim, or the accused is a parent, step-parent, adoptive parent, foster parent, or other blood relative of the minor, and the alleged abuse occurs in the presence of or was witnessed by that minor, the accused will face an aggravated sentence if convicted of the crime.

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.

In addition to the issue of aggravating factors just described, the consequences of a conviction for infliction of injury may also be more severe if, as a result of the abuse, the victim suffers a significant or substantial physical injury.If the victim sustained this type of “great bodily injury,” the accused faces an additional three to five years in state prison. This means that an individual who is convicted of infliction of injury in a case where the victim was seriously injured faces up to a total of nine years in prison.

With such devastating consequences, it is imperative that an individual who has been arrested on an infliction of injury charge hires a qualified criminal defense attorney who is familiar with all of the defenses that apply to this charge. 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 highly complex and technical 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.

Types of Same-Sex Domestic Violence Charges

Same-sex domestic violence refers to physical, emotional and financial abuse that is committed against one’s current or former intimate partner as a way of trying to gain and maintain control over that partner. Intimate partners are people who are dating, were formerly dating, living together, were formerly living together or who have children together. Although same-sex intimate partner abuse isn’t as widely discussed as heterosexual domestic violence, statistics reveal that intimate partner violence takes place at about the same rate in same-sex partnerships as it does in heterosexual relationships.

Domestic violence laws in California apply to all persons regardless of their sexual orientation. Depending on the severity of the crime and the actual crime committed, D.V. crimes may be filed as misdemeanors, felonies or “wobblers” (meaning that the crime may be prosecuted as either a misdemeanor or as a felony). The penalties for intimate partner abuse range from fines to prison and consist of other consequences that include counseling, possible registration as a sex offender, and child custody issues, to name a few. The following is a sampling of some of the crimes that are commonly filed as crimes of domestic violence in California, against gay and lesbian partners and against heterosexual partners alike.

Infliction of injury, a felony, may be charged against an individual if he or she purposefully inflicted a physical injury upon his or her intimate partner.

Battery is usually charged as a misdemeanor and may be filed against an individual who even just barely touched his or her intimate partner against that partner’s will. The charge will be filed as a felony if the partner suffered a serious injury as a result of the contact.

Sexual battery is a wobbler and will be filed as a misdemeanor if, for the purpose of sexual abuse, gratification or arousal, a person touched his or her intimate partner against that partner’s will. This crime will be filed as a felony if, at the time of the touching, the intimate partner was unconscious, drugged, disabled, institutionalized or unlawfully restrained.

If an individual intentionally violated a protective order that the court previously issued against him or her that named his or her partner as the protected party, the offender faces a misdemeanor conviction, unless he or she has a prior conviction for the same offense, in which case the crime may be filed as a felony.

If an individual prevented, dissuaded or attempted to prevent or dissuade his or her intimate partner from initiating a criminal complaint or from taking part in any other type of criminal proceeding, he or she may be charged with witness intimidation, which is a wobbler.

Criminal threats, which is another wobbler, may be charged when an individual threatened to commit a crime against his or her intimate partner that would have resulted in serious injury or death to that partner if carried out, and the partner feared for his or her safety as a result of the threat.

When a person follows or harasses and threatens his or her intimate partner, with the intent of placing that partner in fear, he or she may be charged with stalking, as either a misdemeanor or a felony. The crime will definitely result in a felony charge if the offender also has certain prior convictions.

When facing a same-sex intimate partner abuse charge, it is imperative that the accused hires a criminal defense lawyer who not only specializes in California DV crimes, but who is also sensitive to the special issues that gay and lesbian couples face within this area of the law. The trustworthy attorneys at The Kavinoky Law Firm have successfully defended countless individuals facing intimate partner violence charges, and treat each client with the respect, discretion and compassion that he or she deserves. Contact The Kavinoky Law Firm today for a free consultation.

Registration as a Sex Offender upon a Sexual Battery Conviction

An individual who touches an intimate partner for sexual gratification against that person’s will can be charged with sexual battery. Under California domestic violence law, intimate partners can be couples who are heterosexual or homosexual, married, divorced, cohabitating, have children together, or who are dating or formerly dating.

“Touching” in a California sexual battery case can be defined as any physical contact – however slight – whether it occurs directly or through the clothing of one of the partners. Even an individual involved in an ongoing intimate relationship can be charged with sexual battery.

When charged as a misdemeanor with no aggravating circumstances, sexual battery carries a maximum of a six-month jail sentence and a $2,000 fine. If the offense occurs while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence can increase to a maximum of one year or the crime may rise to a felony, punishable by a maximum of four years in the state prison and a $10,000 fine. The offender also will be required to register as a sex offender.

In California, when a convicted defendant is required to register as a sex offender, it is for the rest of his or her life while living, working or going to school this state. Upon registration, he or she must pay $200 upon a first conviction or $300 upon a second or subsequent conviction in addition to any fines imposed on the open case that will go to a general fund disbursed through the Department of Justice.

The offender must personally register his or her address (or addresses if the defendant has more than one address where he or she regularly lives) with his or her local law enforcement agency and with the campus police of any college that he or she attends within 5 days of the requirement. The registering agency then passes the information along to the Department of Justice Violent Crime Information Network.

An individual who works in California but lives out of state must register here if required to register as a sex offender in his or her home state. Changes of address or name changes must be immediately reported to one’s local agency as well. In addition, if an individual who has registered as a sex offender in California moves, he or she may further be required to register in any other state where he or she relocates. Failure to follow any of these requirements within the specified timeframe will be penalized with an additional criminal charge of either a misdemeanor or felony, depending on how the original charge was filed, punishable by up to one-year in the county jail for a misdemeanor or by either 16 months or two or three years in the state prison for a felony.

The consequences of registering as sex offender are life-altering. If facing a sexual battery charge, it is critical to hire an attorney who is experienced in this complex and technical area of the law to help avoid this severe consequence. 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 compassion and respect. An experienced defense lawyer can answer any questions about a sexual battery charge or any California domestic violence offense during a free consultation.

Emergency protective orders issued in connection with a California domestic violence stalking allegation

Stalking, when charged as a California domestic violence crime, takes place when an individual willfully follows or harasses and threatens his or her intimate partner with the specific intent of placing that partner in fear for his or her safety. Intimate partners, regardless of their sexual orientation, are married, divorced, living together, dating, formerly dating and persons who have children in common.

Emergency protective orders may be issued upon the request of an officer if he or she believes that a person is in immediate and present danger of being stalked by his or her intimate partner based upon that person’s allegations that he or she has been willfully, maliciously and repeatedly followed or harassed and threatened by his or her intimate partner.

Upon such an allegation, the officer must submit his or her request to a specially assigned judge who approves or denies emergency protective orders around the clock. The officer’s order must state the reason that the officer believes the order is warranted, the date and time that the order expires (which is between five and seven days after it is issued and served on both parties), the address of the local superior court and instructions, in both English and Spanish, that advise both the protected party and the restrained individual that the order will be in effect until the date and time listed. For the protected party, the order states that he or she may consult with an attorney about seeking a more permanent protective order. For the restrained individual, the order states that he or she may also want to consult with an attorney because the protected party may seek a more permanent order. It additionally states that the restrained party may not own, possess, purchase or receive or attempt to purchase or receive a firearm while the order is in effect.

The order will be issued if the judge believes that the officer’s application was based on reasonable grounds that there was an immediate and present danger of stalking and that the order is necessary to prevent the occurrence or further occurrence of the intimate partner’s stalking. The order may include a harassment protective order or a workplace violence protective order.

If the restrained individual violates any provision of the order (either with respect to engaging in further stalking behavior or by violating the firearm restriction), he or she is subject to being charged with contempt of court, punishable as a misdemeanor by up to one year in the county jail and/or by a maximum $1,000 fine. If the restrained party is also found guilty of the crime of stalking, that punishment will likely be imposed in lieu of this penalty.

Being served with an emergency protective order as the result of a domestic abuse stalking accusation can have severe consequences. In order to fully defend oneself against such an allegation, it helps to hire a qualified criminal defense lawyer to convince the judge that such an order is unwarranted. The skilled attorneys at the Kavinoky Law Firm specialize in intimate partner abuse cases and have successfully defended countless individuals who were accused of D.V. stalking. They have the training and experience to help an individual accused of stalking defend against the devastating consequences that a conviction could bring. Click here for a free consultation and for the best representation.

Elder Abuse as a California Crime of Domestic Violence

California domestic violence refers to any abuse that is directed at an intimate partner (a person’s spouse, former spouse, the person with whom one has children, the person with whom one lives or formerly lived or one’s significant other or former significant other, regardless of sexual orientation), one’s child, grandchild, parent or grandparent. When this abuse, whether it be physical, emotional or financial, is specifically directed at a person over sixty years of age who is one of the above-mentioned persons, the abuse will be treated as elder abuse, and prosecuted under California’s domestic violence laws.

Elder abuse, defined under California’s D.V. laws, is the mistreatment of an elder by the elder’s child, grandchild or intimate partner. The abuse may be physical, emotional, financial or may be in the form of neglect, and these different types of abuse are often used in conjunction with each other. Elder abuse occurs in every type of family, regardless of social, economic or ethnic backgrounds and is a growing problem in this country.

Physical elder abuse takes place when an intimate partner or other specified family member intentionally uses physical force against the elder that could result in pain, harm or bodily injury. Some of the most common types of physical abuse include acts of violence, inappropriately administering drugs to the elder, physically restraining the elder and physical punishment. The sexual abuse of an elder is a type of physical elder abuse and is defined as any non-consensual sexual contact with the elder by his or her intimate partner or other family member. A family member’s sexual abuse of an elder would also result in an incest charge, punishable as a felony by imprisonment in the state prison.

Emotional elder abuse, also known as psychological or verbal elder abuse, occurs when the elder’s family member or intimate partner threatens the elder, inflicts mental anguish upon the elder, isolates the elder from other family members or friends or humiliates the elder. Any of these forms of emotional abuse may be verbal or conveyed through nonverbal conduct.

Elder abuse in the form of neglect takes place when the elder’s intimate partner or family member who is responsible for providing care to the elder either refuses or fails to fulfill that responsibility. This type of neglect can be physical if, for example, basic needs aren’t met with respect to giving the elder food, shelter and clothing and/or health and/or hygiene issues are ignored, or can be financial abuse if, for example, the offender is responsible for paying the elder’s bills and doesn’t. Neglect can also take on the form of emotional abuse if attention simply isn’t given to the elder in need.

Financial elder abuse takes place when an elder’s intimate partner or other family member either mismanages the elder’s money, property or other assets or steals from the elder. Examples of financial abuse include, but are not limited to coercing or deceiving the elder into signing a legal document that deals with his or her estate or other funds, forging the elder’s signature for financial gain, cashing his or her checks or selling his or her possessions without permission.

People who suspect that an elder is being abused should either call 911 or Adult Protective Services at 1-877-4-R-SENIORS to report the suspected abuse. Contacting a California criminal defense attorney may also be helpful to learn about any possible legal rights and remedies that may be available to the elder. However, if charged with elder abuse, it is critical that the accused hires a criminal defense lawyer who is familiar with California’s domestic violence and intimate partner abuse laws as soon as he or she is arrested. The experienced attorneys at The Kavinoky Law Firm specialize in domestic abuse law and have successfully defended countless individuals charged with these types of crimes. To discuss an elder abuse matter, contact them today for a consultation.

In an intimate partner abuse case, there are several evidentiary issues that frequently arise. Because the consequences of a domestic violence conviction are so severe, it is imperative that the defendant hires a criminal defense lawyer who keeps current with the latest applicable case law and cutting-edge trial strategies. The attorneys at The Kavinoky Law Firm have experience dealing with every aspect of a California domestic abuse case and receive ongoing training to make sure that they maintain their reputation for excellence. They not only know the intricacies behind each and every evidentiary issue that may arise, but they know how to successfully use each to their client’s advantage.

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

A battery charge can result any time an individual willfully and unlawfully uses force or violence upon an intimate partner. This offense is typically charged as a misdemeanor and carries a maximum of a one-year jail sentence and a $2,000 fine. This charge can be brought against a defendant who used the slightest force. Any unwanted physical contact can result in a battery charge. However, if the accuser suffers a serious injury, the battery will rise to a felony, which carries a maximum of four years in state prison.

The following are some of the issues that are likely to arise in a domestic battery case:

• Battered Person’s Syndrome (more commonly called battered women’s syndrome) is a psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. Although it usually refers to a woman, battered person’s syndrome can apply to a woman or a man involved in a heterosexual or homosexual relationship.
• Physical evidence can be a huge issue in a battery case. Because this crime doesn’t require that the victim actually suffer an injury, a battery can be charged with no physical proof of the force or violence. Photographs or medical records showing actual injury are therefore helpful to the prosecution if and when they exist. A skilled defense attorney knows the appropriate arguments to make to try to exclude such evidence.
• DNA evidence is playing a larger role than ever before in intimate partner violence cases throughout the country, both to convict the guilty and to exonerate those wrongly accused or convicted.
• Recanting victims are very common in domestic abuse cases. There are a number of reasons that a victim “recants” (takes back his or her story) during a trial. Because this is so common, 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 experienced attorney.
• Eyewitness accounts can make or break a case. Either side can subpoena witnesses who were present during the charged incident. A skilled defense attorney will work with defense witnesses to make sure that they tell their version of the events in the light most favorable to the defendant. A good attorney also knows how to effectively cross-examine prosecution witnesses to highlight discrepancies in their accounts.

The prosecution frequently tries to introduce hearsay and 911 calls into the record. Unlike most criminal cases, hearsay and 911 calls are sometimes allowed into evidence in domestic violence cases. This is another reason why it is so important to have an attorney who is experienced in California domestic abuse law, as he or she knows how to effectively argue against their admission.

Domestic violence law is technical and complex, which is why it is critical to hire an attorney who is qualified, skilled and experienced in this area. Contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.

Domestic battery, sometimes referred to as “spousal abuse” or “spousal battery,” is a domestic violence offense that applies to intimate partners in California. The term intimate partners includes individuals who are heterosexual or homosexual, married, divorced, living together, or who have children in common, or who are dating or were formerly dating.

Domestic battery is known as a “wobbler” under California law, meaning that it can be charged as either a misdemeanor or a felony depending on the severity of the individual case. Many battery cases are charged as misdemeanors, which carry a maximum of a one-year jail sentence and a $2,000 fine. This charge can be brought against a defendant even if he or she used the slightest force or any unwelcome physical touching. 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.

Because there is no requirement that there actually has to be any injury in a battery 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 a domestic battery case include scratches, bruises, burns, cuts or scrapes, hair removal, bite marks, broken bones, ripped clothing 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 a battery 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 a domestic battery 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 compassion and respect. They are kept up-to-date on domestic battery evidentiary issues and cutting-edge trial strategies, which has led to their impeccable reputation. Click here for a free consultation and for the best representation.