California has tough domestic violence laws that include a variety of offenses. These offenses used to be charged only when there was a dispute between married couples or between the heterosexual parents of a child. However, the laws have expanded to include disputes between GLBT intimate partners, which include cohabitating couples, partners joined in civil union or formerly joined in a civil union, persons who are or were dating and those who have children together. One charge that can be filed under California’s domestic abuse laws is battery.

An intimate partner violence conviction can bring probation, heavy fines and even a jail or prison sentence. Because California is so strict with its D.V. offenders, it’s critical for a gay, lesbian, bisexual or transgender individual who has been accused of battery to contact a skilled California criminal defense lawyer who specializes in this specific area of the law and who understands the special privacy concerns and issues that such an individual may face. The experienced, gay friendly attorneys at the Kavinoky Law Firm examine each case to effectively develop defense strategies that meet each client’s individual needs.

Battery is what’s known as a “wobbler,” meaning that the offense can be charged as either a misdemeanor or a felony depending on the severity of the individual case. If a person willfully and unlawfully used force or violence upon his or her intimate partner, he or she can be charged with battery, which is typically charged as a misdemeanor. When charged as a misdemeanor, battery carries a maximum of a one-year jail sentence and a $2000 fine. This charge can be brought against a defendant even if he or she only used the slightest force. Any unwanted physical touching could lead to a battery charge. However, if serious bodily injury resulted (for example, broken bones, loss of consciousness or a concussion), the battery will likely be charged as a felony, which carries a maximum of four years in the state prison.

A defendant facing a battery charge may be required to attend a batterer’s education program or other classes in addition to paying fines and/or serving time in jail or prison. Professional licensing issues and firearm restrictions may also face the offender.

The motives of the accuser are very important, because many battery charges are based on unwarranted and unfounded accusations. A knowledgeable attorney will diligently investigate the case, frequently pointing out that the prosecution doesn’t have the witnesses or independent evidence necessary to prove this type of charge. In addition, a skilled defense attorney will ensure that the jury sees that there are always at least two sides to every story, especially in an intimate partner abuse case where there was usually an emotional, highly charged incident that lead to the arrest.

The cross examination of witnesses is critical and an experienced lawyer will effectively highlight the discrepancies in witness accounts that may be overlooked by the jury. Additionally, the defense attorney has access to many resources, including expert witnesses who can analyze and articulate the effects of any physical evidence in the case. An experienced attorney will aggressively defend the accused partner’s rights and raise reasonable doubt in the minds of the jurors.

When arrested on a battery charge, the defendant faces life-changing consequences. The best way to avoid these consequences is for the accused to hire an attorney as soon after his or her arrest as possible so that the attorney can begin investigating the case immediately. The LGBT supportive attorneys at the Kavinoky Law Firm treat each client with respect and compassion and will do their best to make sure that their client receives the same treatment from a judicial system that is often fraught with skepticism, fear or intolerance towards a couple involved in a same sex relationship. They are dedicated to protecting the rights of all their clients, regardless of their race, gender, religion or sexual orientation. Contact them today for a free consultation and for exceptional representation.