A California domestic violence charge of battery may be filed as either a misdemeanor or a felony if an individual willfully or unlawfully used violence or force upon his or her intimate partner. These laws apply to GLBT relationships as well and include partners who have children together, partners who are or were united in a civil union, partners who are or were living together and partners who are or were dating.

Defenses are available to defeat this crime and an experienced California domestic violence lawyer not only knows what they are but also knows how to successfully use them to help his or her client avoid the serious consequences that may be imposed upon a battery conviction.

Defenses to an intimate partner abuse battery charge include the attorney thoroughly investigating the facts, preparing and interviewing any witnesses and conducting diligent research. The unparalleled, gay friendly attorneys at the Kavinoky Law Firm know what it takes to successfully defend a battery case and pride themselves on their excellent reputation. They receive ongoing education and training in this technical area of the law, which keeps them apprised of the latest trial strategies and DV defenses.

A skilled criminal defense lawyer will aggressively attempt to defend his or her client right from the beginning of the court process before the case is even set for trial. Based on his or her review of the facts, a good attorney will try to persuade the prosecutor or judge that the prosecution’s case is lacking sufficient evidence, due to lack of physical proof of the charge or because there were no witnesses to the alleged incident that corroborate the accuser’s version of events. An assertive domestic violence attorney will also address any mitigating or extenuating circumstances that may have been overlooked that could serve to negate or reduce his or her client’s criminal culpability.

Self-defense, the defense of others and false allegations are some of the most common defenses that may be argued in battery cases. If the defendant’s attorney can prove any of those listed defenses, his or her client cannot be convicted of this crime. Self-defense and the defense of others both negate criminal liability for battery. Self-defense would be the primary defense used by a defendant who suffers from battered person’s syndrome. Such an individual would argue that he or she only used the force or violence to prevent an even greater harm. The defense of others would apply to someone, perhaps a parent who intervened before his or her intimate partner could commit child abuse, who used force or violence to ward off that attack. Along these same lines, if it can be proven that the force or violence was an accident and not intentionally inflicted, the accused must be acquitted on a battery charge, since there was no criminal intent to do the act.

False accusations are, unfortunately, common in cases of intimate partner violence. Because a battery charge requires no proof of injury, an individual may have his or her partner arrested based on jealousy, anger or revenge just to gain control over that partner. In such a situation, it helps to have an attorney who specializes in D.V. cases who not only knows the most effective ways to discredit that witness on the stand but who also knows exactly what questions to ask to get an accuser to come clean before a judge and jury so that the truth is revealed.

Facing a judicial system that is frequently hostile and oppressive towards anyone who isn’t “straight” can be frightening to a gay, lesbian, bisexual or transgender individual accused of a same sex battery. The LGBT supportive attorneys at the Kavinoky Law Firm guide their clients through the system with ease and compassion and are devoted to protecting the rights of all of their clients. They are sensitive to the unique privacy issues that such an individual may require and are here to help. Contact them today for a free consultation and for unsurpassed representation.