Under California domestic violence law, the crime of witness intimidation will occur if an individual attempts to prevent an intimate partner from making a police report, answering questions asked by any law enforcement agency, or from testifying in a court proceeding. The state created these laws to deter people from committing intimate partner abuse. California has a broad definition of intimate partners including spouses, divorcees, boyfriends, girlfriends, cohabitants, and people with children in common. Homosexuals and heterosexuals are protected equally under the law.

Witness intimidation under most circumstances is classified as a misdemeanor, punishable by up to one year in jail. However, if the attempt to intimidate involved an express or implied threat of force, if the intimidation was part of a conspiracy, or if the intimidation was for financial gain, the charge will be filed as a felony, punishable by two to four years in prison. The success or failure of the offender’s attempt to intimidate is irrelevant to the charge and to his or her defense.

Many effective defenses to a charge of witness intimidation are available in a California domestic violence case. In an effort to acquit the accused, a good defense attorney will employ as many defenses as he or she can after completing a thorough review of the facts. Altercations between intimate partners are emotional, highly charged incidents that can be interpreted in more than one way. A thorough attorney will analyze the events and develop an effective defense strategy to give the defendant’s version of the events equal weight.

A physical injury is not required for law enforcement personnel to make a charge and arrest for witness intimidation. The presence of physical evidence can be critical to the prosecution, especially with an expert witness to verify the charges. Depending on the circumstances, a good attorney will attempt to either discredit the evidence or alternatively try to make it favorable to the defense. If the prosecution has no physical proof of the offense or any eyewitness to the charged incident, the defense attorney may argue that there is insufficient evidence to prosecute the defendant. Such a move may lead the prosecution to dropping or lowering the charges. A skilled attorney will also address mitigating circumstances that may also reduce or negate the charge.

There are other defenses to witness intimidation including lack of malice, unintentional injury, mistaken identity and false allegations. If the defense can prove that the defendant was genuinely looking out for the best interests of his or her intimate partner, then the prosecution cannot secure a conviction. If the intimate partner’s injury resulted from an incident other than the one at issue, a good lawyer could reduce the charge to a misdemeanor. If the intimidation occurred through a letter, e-mail, telephone conversation, voice-mail or answering machine, the defense could assert a case of mistaken identity. In the event that the intimate partner makes a false allegation, an experienced attorney knows how to effectively cross-examine that individual to show that the allegations were initiated out of anger, jealousy or revenge. When the lawyer reviews the facts of the case, he or she knows how to spot the issues that could ultimately defend his or her client and how to most effectively present them to the court.

An intimate partner abuse charge such as witness intimidation jeopardizes the defendant’s family, livelihood and freedom. Attorneys at the Kavinoky Firm will effectively communicate all defenses to the judge and jury and make sure that the defendant’s story is heard. Contact the Firm today and discuss your case with a trained professional.