Prior domestic violence charges and/or convictions
California’s domestic violence laws are among the strictest when it comes to punishing offenders. Defendants can face the consequences of a domestic abuse conviction. These include heavy fines and hefty jail and prison sentences in addition to irreparable damage to their reputations. If someone is charged with a domestic violence crime and has a prior charge for any domestic violence crime – even if there was no conviction – that evidence may be introduced by the prosecution in the pending case. This type of evidence usually infuriates a judge and jury, resulting in even more severe penalties for the defendant. The best way to exclude prior evidence and, in turn, avoid being prosecuted to the fullest extent of the law, is to hire a skilled criminal defense attorney from The Kavinoky Law Firm.
In California, domestic abuse charges involve disputes between any intimate partners. Intimate partners include both heterosexual and homosexual persons who are married, divorced, cohabiting, have children in common, and who are or used to be dating.
As social awareness about intimate partner abuse continues to grow, the legislature is taking a tougher stand on offenders. The system shows its clear bias against the accused by allowing evidence of prior charges of domestic violence – something that is unheard of in other areas of the law. Under most circumstances, evidence of previous charges are never allowed to be introduced as evidence because the court knows that a jury will have a difficult time separating the past conduct with the pending allegations. The fear is that a jury will convict a person based on what they did in the past instead of judging him or her based solely on the evidence of the allegations before them. Prior evidence always creates unfair prejudice against a defendant and is usually excluded because of that fact.
However, under California’s domestic violence laws, evidence of past conduct involving domestic abuse is admissible as evidence against the defendant in a pending case. Under this rule, it is not even necessary that the charges resulted in a conviction. This means that even if the prior allegations were proved false or if there was an acquittal, the evidence has the effect of being introduced as evidence that the accused has a history of intimate partner abuse and would therefore likely abuse again. The previous charges don’t have to involve the same victim, don’t have to have occurred in the same way or have any other relationship to the pending crime. In addition, courts will often allow this type of evidence even if the past conduct was alleged years ago. This type of evidence is devastating to a defendant who is supposed to be presumed innocent until proven guilty.
All hope is not lost, however. A good criminal defense lawyer knows the arguments to present that may persuade a judge that this type of evidence should be excluded. A skilled attorney will make all the appropriate Constitutional arguments and will clearly explain to a judge why admitting evidence of prior domestic abuse charges will unfairly prejudice a defendant and prevent him or her from receiving a fair trial. Hiring an aggressive, experienced attorney from The Kavinoky Law Firm will help to ensure that previous domestic violence charges are not introduced as evidence in a pending case. The best way to avoid being unfairly characterized and to make sure that a fair trial awaits is to immediately consult a skilled defense attorney. Click here for a consultation.
