“Criminal threats” falls under California’s domestic violence laws when the individual who was threatened is an intimate partner of the accused. LGBT intimate partners include persons who are or were civilly united, who are or were living together, who are or were dating and those who have children together. When an individual threatens to commit a crime against his or her intimate partner that would result in death or serious bodily injury to that partner, he or she could be found guilty of this domestic abuse crime. It doesn’t matter how the threat was delivered or whether the accused actually intended to carry out the threat. The only relevant fact is whether the intimate partner reasonably feared for his or her safety or for the safety of his or her family.

Battered person’s syndrome is a recognized psychological condition that is becoming more prevalent in California’s D.V. cases. While it has traditionally applied to battered women (and is more commonly called battered woman’s syndrome, battered women’s syndrome or B.W.S.), it is equally applicable to both men and women who are consistently and/or severely victimized by their same sex intimate partners. The syndrome can be used to defend the actions of the accused or as evidence against the accused. Because of its increasing frequency in intimate partner violence trials, it is critical for the accused to hire a gay-friendly criminal defense lawyer from the Kavinoky Law Firm who has experience dealing with battered person’s syndrome and who can skillfully use it to his or her client’s advantage or discredit it entirely.

Battered person’s syndrome may be used to defend the accused in a criminal threats trial based on evidence that the accused has also been victimized by his or her partner and honestly felt that the threat was necessary in order to avoid his or her own death or a serious injury. When used in this manner, the accused argues that he or she made the threat in self-defense, which can act as a defense to the crime. In order for this defense to work, it is imperative that the defendant has a California domestic violence lawyer who understands the intricacies behind this syndrome and who will retain an expert witness to explain its merits to the judge and jury.

Battered person’s syndrome can also be used as evidence against a defendant, introduced by the prosecutor. This generally happens when the accuser recants his or her allegations. The prosecutor brings in an expert witness to testify that the accuser has been so severely abused by his or her partner that he or she is either changing his or her story or is refusing to cooperate out of fear for what might otherwise happen. A good defense attorney will anticipate this strategy and prepare for it by hiring a defense expert witness who will rebut this theory and address the many legitimate reasons why an accuser might recant.

The GLBT supportive attorneys at the Kavinoky Law Firm receive ongoing training and education with respect to intimate partner abuse and the many evidentiary issues that commonly arise within these types of trials. They are well qualified to successfully introduce battered person’s syndrome as a defense in a same sex criminal threats trial and can also effectively refute it should it alternatively be used against their client. With law offices in Los Angeles and throughout California, their stellar legal advice is available to anyone in need of a California domestic violence attorney. When an individual is charged with making criminal threats against his or her intimate partner, the consequences are too severe to trust an inexperienced attorney. Contact the Kavinoky Firm today for a free consultation and for the best representation.