Battery, typically charged as a misdemeanor, will be prosecuted as a crime of domestic violence in California when it is committed against one’s intimate partner. Intimate partners, as they apply to a same sex relationship, are partners or former partners in a civil union, those who live together or who previously lived together, those who have children together and those who are or were formerly dating. If the accuser suffered a serious injury as a result of the battery, the accused will likely face a felony, punishable by up to four years in state prison.

In California, the law precludes hearsay from being admitted into evidence in most criminal trials. Hearsay is a legal term that simply refers to any statements that were made at a time other than from the witness stand from anyone other than the individual who first made the statement. Hearsay is generally inadmissible because it violates the defendant’s right to Due Process, since he or she can’t effectively cross-examine the individual who made the statement. However, intimate partner abuse cases, including battery, are a major exception to that rule. This exception admits into evidence statements made by the complaining witness at the time when he or she was experiencing or witnessing the violent act or acts that are the subject of the case. Statements made by the accuser either to the investigating officer or to a telephone operator during a 911 or other police call will likely be admissible in a D.V. trial, because it is believed that those types of statements would have been made at such a time that there wouldn’t have been time to fabricate them.

Clearly, this isn’t always the case, as there have been many 911-telephone calls that were placed out of jealousy, revenge or anger to deliberately deceive the authorities into believing that the caller was being abused. These are just a few reasons why it is so critical for an individual accused of battery to hire a California domestic violence lawyer who not only understands the rules that pertain to hearsay evidence with respect to a DV case, but who also excels in witness preparation and cross-examination and will ensure that an insincere accuser is revealed as such.

Hearsay evidence can clearly damage the defense’s case. In a domestic abuse case, the jury is usually set to convict before they’ve even heard any evidence because of the widespread media attention that cases of intimate partner violence generate. This society is becoming more aware that family abuse is a growing problem and jurors are eager to convict DV offenders. Throw in the excitement of a 911-telephone call or the statements that were made to the police immediately upon their arrival and the jury is given even more ammunition. The skilled, gay-friendly Los Angeles attorneys at the Kavinoky Law Firm know the arguments to make to try to exclude this type of evidence and, at the very least, they know how to downplay or refute its significance. They additionally know the stereotypes and other biases that a GLBT defendant may face in a homophobic judicial system and will do their best to make sure that their clients all receive a fair trial.

Because of the technical and highly complex rules that coincide with a domestic violence battery case, it is absolutely vital for the accused to hire a California domestic violence attorney who has experience with these very specific types of cases. The consequences of a battery conviction are too severe to trust to an inexperienced attorney. The outstanding LGBT supportive lawyers at the Kavinoky Law Firm have successfully defended countless D.V. cases, treating each client with compassion and respect. They guide their client’s through the criminal court process with confidence and competence and enjoy an impeccable reputation. For legal advice about a battery charge or any other related matter, contact them today for a free consultation.