Infliction of Injury Trial Considerations
Infliction of injury or spousal abuse is one charge that can be filed in a California domestic violence case involving intimate partners. The term “intimate partners” is a broad one that includes heterosexual or homosexual couples, married or divorced, living together or were formerly living together, or have children in common.
Anyone who willfully inflicts any injury, no matter how minor, upon the body of an intimate partner can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000. In some cases, this charge is brought against individuals who barely touched their intimate partners.
In an intimate partner abuse case, there are several evidentiary issues that frequently surface. Because the consequences of a domestic violence conviction are so severe, it is imperative that the defendant hires a criminal defense lawyer who is kept up-to-date on 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 being the best. 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.
The following are some of the issues that are likely to arise in an infliction of injury case:
- Battered Person’s Syndrome also referred to as battered women’s syndrome, is a psychological condition applied to a partner who has been consistently, severely victimized by his or her partner. Although it is often used to describe women, battered person’s syndrome can involve people of either gender involved in heterosexual or same-sex relationships.
- Physical evidence can be a major factor in infliction of injury cases. Photographs or medical records showing actual injury are used by the prosecution if and when they exist. A skilled defense attorney will argue forcefully that any physical evidence in a domestic abuse case should be excluded.
- DNA evidence is being used more and more in intimate partner violence cases throughout the country, both to convict the guilty and to exonerate those wrongly accused or convicted.
- Recanting victims are extraordinarily common in infliction of injury cases and other domestic violence prosecutions. There are many reasons why an accuser might change his or her story during a trial. This occurs so frequently that prosecutors have tactics to proceed despite the accuser’s change of heart. However, a skilled defense attorney can use a recanting victim to the accused individual’s advantage.
- Eyewitness accounts often make or break an infliction of injury domestic abuse case. Both sides can subpoena witnesses who were present during the altercation that led to the charge. An experienced lawyer will work with defense witnesses to ensure that they present their testimony in a light most favorable to the accused. A good attorney will also effectively cross-examine prosecution witnesses to highlight discrepancies in their accounts.
The prosecution will likely try to introduce hearsay and 911 calls into evidence. Although this type of evidence is typically excluded in most criminal cases, hearsay and 911 calls are sometimes allowed into evidence in domestic violence cases. This is yet another good reason why it is so critical to have an attorney experienced in California domestic violence law, as he or she knows how to effectively argue against the admission of this type of evidence.
Domestic violence law is technical and complex, so it’s imperative to have an attorney who is qualified, skilled and experienced in this area. In order to secure the best representation from a firm who has successfully defended countless domestic abuse cases, contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.
