Battery, when committed against one’s intimate partner, will be charged as a California crime of domestic violence. Domestic abuse laws, in California, have expanded to include gay, lesbian, bisexual and transgender intimate partners, which include partners who are or were civilly united, partners who have children together, partners who are or were living together and partners who are or were dating. An individual may be charged with battery if he or she used force or violence upon his or her intimate partner, no matter how slight the impact, as any unwanted touching will qualify.

Because there is no requirement that victim actually suffered an injury in a battery case, physical evidence can be very important. Physical evidence is any evidence that is either tangible (like medical records), scientific (like DNA) or visible (like a bruise) that may help to convict or acquit the accused. Because many instances of intimate partner abuse occur in private, there are rarely witnesses to the abuse and, as a result, charges are frequently filed based solely upon the accuser’s allegations. Physical evidence, therefore, can be very important if and when it exists. Common types of physical evidence in a battery case involving intimate partners include bruises, scratches, broken bones, hair removal, ripped clothing, bite marks and damage to personal property. When this type of evidence exists, especially with respect to any bodily injury and can be authenticated by someone with experience in analyzing injuries, it can be that much easier for the prosecution to convince the jury to convict the defendant. However, even with physical evidence, a skilled criminal defense lawyer knows how to either refute or downplay its significance. The GLBT friendly attorneys at the Kavinoky Law Firm specialize in California crimes of domestic violence and understand the tremendous impact that physical evidence can have on a battery case. They know which arguments to make to try to exclude damaging evidence and which arguments to make to ensure that favorable evidence is both admitted and highlighted for the jury.

Physical evidence, when revealed by the prosecution, should be independently analyzed by the defense to ensure its authenticity. Too often, partners involved in abusive relationships are both victims and both abusers and either partner will do whatever it takes to get the upper hand over the other. This, unfortunately, can lead to fabricated or self-inflicted injuries that are initiated in an effort to falsely accuse one’s partner of battery. The experienced attorneys at the Kavinoky Law Firm work closely with expert witnesses and private investigators to make sure that all evidence is carefully scrutinized and that all crime scenes, witnesses, records and the like are thoroughly investigated by a skilled member of the defense team.

Battery, when charged as a D.V. crime is a serious matter. The arrest alone can be devastating and the consequences of a conviction can be life changing. The LGBT supportive attorneys at the Kavinoky Law Firm understand the special issues that a same sex domestic violence charge may bring and know how to effectively address them. They pride themselves on the level of compassion that they show their clients and on the fact that they consistently exceed client expectations. Facing a battery charge is tough enough – facing the charge without a sympathetic attorney dedicated to defending the rights of a non-heterosexual accused of intimate partner abuse could be a nightmare. Contact the Kavinoky Firm today for a free consultation and for exceptional representation.