In California, intimate partners are protected under domestic violence laws. Intimate partners, as defined by these laws, consist of a wide range of relationships, including heterosexual and homosexual persons who are married, divorced, cohabitating, or dating. They may or may not have children in common.

Domestic battery, also referred to as “spousal abuse” or “spousal battery,” occurs when an individual willfully and unlawfully uses force or violence against an intimate partner. This crime is typically charged as a misdemeanor and carries a maximum of a one-year jail sentence and a $2000 fine. Domestic battery charges can be levied even if the defendant used the slightest force ? any unwanted physical touching will suffice. However, if the alleged victim endures a serious injury, the battery will be charged as a felony, carrying a maximum of four years in state prison.

Such harsh penalties may create a sense of hopelessness in the mind of the defendant, but there are many effective defenses in domestic abuse cases. Disputes between intimate partners can usually be interpreted in more than one way. There are at least two sides to every story and a skilled criminal defense lawyer will ensure that the defendant’s version of events is convincing to the judge and jury.

Domestic violence charges are often based on “he said, she said” statements, therefore physical evidence and eyewitness testimony can be critical evidence. Because a battery charge requires no physical proof of an injury, any evidence revealing such proof strengthens the prosecution’s case. However, a skilled attorney will attempt to either discredit this evidence or try to use it to help the defense.

A good lawyer will employ all possible defenses to reach an acquittal for a client. The attorney will thoroughly review all the facts, prepare all witnesses for trial, and plan cross-examination tactics for the prosecution’s witnesses. The experienced attorneys at the Kavinoky Law Firm have litigated many intimate partner abuse cases. They understand all defenses available to a person accused of domestic battery charges and know how to utilize these defenses to influence the judge and jury.

Two of the most common defenses to battery are defense of self and defense of others. A defendant who proves that he or she acted in self-defense or in the defense of others will negate criminal responsibility and therefore cannot be found guilty of this crime. Similarly, if the defendant lacked intent (for example, the force or sustained injury was the result of an accident), he or she will be acquitted of the charges.

Because the slightest force can lead a domestic battery charge, there may not be any physical evidence of the abuse. If no physical evidence is present and there are no credible eyewitnesses, the defense may argue that there is insufficient evidence to prosecute the defendant and ask for the case to be dismissed. Sometimes mitigating circumstances existed during the time of the alleged incident that may either reduce or negate the charge. The possibility of these conditions further emphasizes the need for competent legal counsel to discern the best strategy for the defendant.

According to some domestic violence statistics, many couples who are involved in abusive relationships are both victims and abusers. So the accused may have also been abused by his or her intimate partner and should not legally bear sole responsibility for the alleged episode.

Cycles of domestic abuse also produce a power struggle between intimate partners. To gain control over the relationship, one partner may file false allegations against the other. A seasoned defense lawyer can effectively cross-examine an alleged victim to prove that the allegations were fabricated because of anger, jealousy, or revenge.

Facing a judge or jury when charged with domestic battery can be very stressful and emotional. A conviction leads to harsh penalties and the defendant has much to lose. To beat the charges, a defendant should hire an aggressive, experienced defense lawyer who can protect his or her rights. The Kavinoky Law Firm consists of these types of attorneys. They are adept at domestic battery litigation and can effectively communicate their clients’ defenses to the judge and jury. Contacting the Kavinoky firm is a great way to start getting life back to normal.