There are many effective defenses to domestic abuse charges. Intimate partners sometimes have emotional, highly charged confrontations that have more than one interpretation. A skilled criminal defense lawyer knows how to influence the judge or jury about the defendant’s version of events and show that his or her version is just as probable as the alleged victim’s version.

Infliction of injury is a California domestic violence crime that applies to intimate partners. The legal definition of an “intimate partner” for purposes of domestic violence includes husbands, wives, boyfriends, girlfriends, and same-sex partners. If a person willfully injures an intimate partner, he or she can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000. Whether the offense is charged as a misdemeanor or felony depends on the severity of the injury.

California infliction of injury charges require very little physical proof of an injury and are commonly based on “he said, she said” exchanges. Due to the nature of these charges, physical evidence and eyewitness testimony can be critical to the prosecution’s case. However, a good defense attorney will work to discredit both or use the evidence in favor of the defendant.

To obtain an acquittal for the defendant, the lawyer must utilize as many defenses as possible. This process involves a thorough review of the facts, witness preparation, and effective cross-examination skills. The experienced attorneys at the Kavinoky Law Firm are adept at all of these tasks. They have a working knowledge of current defenses available to an individual facing an infliction of injury charge and how to effectively use these defenses to influence the judge and jury.

Self-defense and the defense of others are two common infliction of injury defenses. Proving either of these defenses can exonerate the accused of any charges. Also, if the defendant lacked intent, he or she will be acquitted of the offense.

In a situation where a victim sustains little injury and there is no documented proof of the abuse or any credible eyewitnesses, the defense may argue that there is insufficient evidence to prosecute the defendant. In addition, sometimes mitigating circumstances existed at the time of the alleged incident that may diminish or eliminate criminal responsibility. These reasons, along with a host of others, illustrate the importance of having professional legal representation when facing domestic abuse charges.

Often times, couples that are involved in an abusive relationship act as both victims and abusers. In this situation, the accused may also be the victim of abuse and therefore should not legally bear sole responsibility for the alleged incident. This power struggle is also evident when one partner files false allegations against another. Filing a false report enables one partner to exert control and power over another by punishing the partner for something he or she did not do. A skilled defense attorney can successfully cross-examine a “victim” to show that the allegations are unsubstantiated and initiated out of anger, jealousy or revenge.

When the accused stands before the judge or jury, having that infamous day in court, he or she will greatly benefit from having one of the experienced defense attorneys from the Kavinoky Law Firm present. The consequences of a domestic violence conviction in California are harsh, and the Kavinoky lawyers know how to utilize all defenses possible to ensure the defendant’s rights are protected and interests served. They represent all clients with dignity and respect.