Trial considerations that may affect a California domestic violence stalking case
California’s domestic violence laws apply to all crimes where the victim of the crime is an intimate partner of the perpetrator of the crime. Intimate partners are persons who are married, divorced, living together, have children together, dating or formerly dating. Intimate partners may be heterosexual partners or same-sex partners. Although the crime of stalking doesn’t have to be a domestic abuse crime, if committed against one’s intimate partner, it will be prosecuted as such.
Stalking may be filed as an intimate partner abuse crime if the suspect followed or harassed his or her intimate partner and threatened that partner, placing that partner in fear for his or her safety or for the safety of his or her family. Depending on the circumstances that surrounded the charged incidents, the crime may be filed as a misdemeanor or as a felony. When a defendant is charged and knows the penalties that he or she faces, he or she must decide whether to accept the charge or whether to take the case to trial. If he or she decides to take the case to trial, there are certain evidentiary issues that frequently arise in almost all domestic violence related cases, including D.V. stalking. The experienced attorneys at the Kavinoky Law Firm are familiar with and know how to effectively deal with any of the following trial issues should they come into play in a stalking trial.
Physical evidence can play a major role in a stalking case. Physical evidence includes evidence that can be seen (like a video recording or an injury), heard (like an audio recording) or scientifically analyzed (like DNA). If and when it exists, physical evidence can help to convict or acquit the accused, depending on what it reveals.
Eyewitness testimony may also be helpful in proving or disproving one’s innocence in a stalking trial. If someone other than the alleged victim were present during one of the alleged stalking incidents, he or she would be able to provide information that could either lead a jury to believe that the accused violated the law or that his or her actions were, in fact, lawful. A skilled criminal defense lawyer knows how to examine or cross-examine an eyewitness to elicit testimony that will ultimately favor his or her client’s side of the story.
In an intimate partner violence trial, the prosecution frequently tries to introduce hearsay evidence, including 911 calls. When such is the case, it is up to a good defense attorney to either argue for their exclusion or to downplay their significance. The knowledgeable attorneys at the Kavinoky Law Firm have experience with this type of evidence and understand how to handle it when it becomes an issue in a stalking trial.
Recanting victims and battered person’s syndrome are commonplace in domestic abuse trials. When the alleged victim recants his or her story, an expert witness is usually called by the prosecution to testify that the witness has recanted because he or she suffers from battered person’s syndrome.
The laws of evidence that pertain to stalking and, more specifically, to stalking charged as a California domestic violence crime, are technical and complex. In order to put forth the best possible defense, it is imperative that a defendant contacts the unparalleled criminal defense attorneys at the Kavinoky Law Firm who have successfully defended countless individuals from domestic abuse crimes. They receive training in this specific area of the law, which is directly responsible for their outstanding results. Click here for a free consultation and for the best representation.
