The crime of initiating a criminal threat falls under California’s domestic violence laws. These laws were created in response to an increase in intimate partner abuse and as such, they have harsh penalties that accompany a conviction. If an individual communicates a threat to commit a crime (that could result in death or serious injury) against his or her intimate partner, either verbally or through written or electronic communication, he or she can be charged with making a criminal threat. According to state law, intimate partners include girlfriends, boyfriends, spouses, divorcees, cohabitants and people who have children together. It doesn’t matter whether the accused actually intended to carry out the threat, what is necessary is that the intimate partner reasonably feared for his or her safety or for the safety of his or her family.

One issue that arises with domestic violence crimes is Battered person’s syndrome (BPS). This recognized psychological condition applies to both men and women who are consistently and/or severely victimized by their intimate partners. BPS can be used as a defense for a person accused of retaliating against an abuser or as evidence against a defendant by insinuating that the abuse was recurring. Domestic violence laws are complex and it is crucial that a person charged with intimate partner abuse speak with a criminal defense lawyer as soon as possible. A good defense attorney knows how to handle Battered person’s syndrome in a criminal threat trial.

When a victim of domestic violence retaliates against his or her perpetrator, Battered person’s syndrome may be used as a defense of such actions. The idea is that the alleged victim has been abused on several occasions and finally snapped and committed similar abuse. Typically, a person with BPS truly believes that the retaliation was necessary in order to avoid death or a serious injury of either the person or his or her children. This defense is similar to self-defense. In order for this defense to work, it is imperative that the defendant has an attorney who understands the intricacies behind BPS and can explain its merits to the judge and jury.

Battered person’s syndrome is more frequently used by the prosecution as evidence against a defendant, typically when the accuser recants his or her allegations. The prosecutor may bring in an expert witness to testify that the alleged victim has been so severely abused by his or her partner that he or she is either changing his or her story or is refusing to cooperate out of fear of retaliation by the defendant. A good defense lawyer will employ a defense expert witness to refute this theory and convey to the judge and jury the many legitimate reasons why a victim might recant.

Attorneys at the Kavinoky Law Firm have litigated numerous domestic violence cases and receive ongoing training and education with respect to intimate partner abuse and the many evidentiary issues that arise during these types of trials. They have an intimate knowledge of BPS and how to use the condition as a defense or to refute it, depending on their client’s needs. Anyone accused of committing domestic violence should retain a good defense attorney immediately and when BPS is an issue, having competent counsel is even more important. To ensure that your rights are fully protected, contact the Kavinoky Firm today.