Infliction of injury, a California crime of domestic violence, may be charged against an individual who willfully inflicts an injury upon his or her intimate partner. Intimate partners, within the GLBT community, are partners who are or were civilly united, are or were living together and those who have children together. If convicted of this crime, the accused faces a felony, punishable by up to four years in prison, a maximum $6,000 fine and a host of other consequences.

In this, as well as many other intimate partner abuse cases, the condition known as “battered person’s syndrome” (traditionally called “battered women’s syndrome” or BWS) comes into play and can be offered as evidence through the testimony of an expert witness by either side. Although it used to only refer to a female victim involved in a heterosexual relationship, battered person’s syndrome (BPS) is applicable to anyone, regardless of his or her gender or sexual orientation, who has been abused, provided that he or she meets certain requirements. Battered person’s syndrome is a recognized psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. It is frequently used in infliction of injury cases either to defend the abused partner’s actions or as evidence against his or her abuser if the abused victim later recants his or her allegations. Because this syndrome is frequently introduced in a domestic abuse trial, it is vital to hire a skilled, GLBT supportive criminal defense lawyer from the Kavinoky Law Firm who specializes in California domestic violence and understands BPS should it and its effects be introduced into evidence.

The characteristics of this syndrome all focus on the abused believing that the violence is his or her fault. In addition, the syndrome has three distinct phases that include the “tension-building” phase, the actual battery, and the “honeymoon” phase. In order for an abused individual to be diagnosed with battered person’s syndrome, he or she must have gone through all three phases at least twice.

If the abused partner was charged with infliction of injury, B.P.S. may be introduced as a defense to the case. A knowledgeable attorney will likely hire an expert witness to testify that the abused honestly believed that force was necessary to avoid a more serious injury or even death. If this situation sounds familiar, it is crucial to contact an attorney immediately to begin building a defense based on this syndrome.

If, however, it is the prosecution who is introducing battered person’s syndrome as evidence against a defendant, it is vital for the defendant to hire an experienced criminal defense attorney to help exclude that evidence or, at the very least, to rebut it with a defense expert witness. A defense expert witness will help discredit the prosecution’s theory that the “victim” suffers from battered person’s syndrome and will point out that the prosecution is simply using it as an excuse to bolster an otherwise weak case. The prosecution usually introduces the syndrome when the accuser refuses to testify. The prosecutor argues, through his or her expert witness, that the “victim” is recanting the allegations because he or she fears what might happen if he or she doesn’t. A defense expert will rebut that argument, addressing the many legitimate reasons why an accuser may change his or her story.

The gay friendly attorneys at the Kavinoky Law Firm have the training and experience to handle any infliction of injury case. They have successfully defended countless cases with skill and compassion and are well qualified to effectively tackle any and every evidentiary issue that may arise, particularly with respect to BPS and regardless of their client’s sexual orientation. They are dedicated to protecting their client’s rights and will give their gay, lesbian, bisexual and transgender clients the support they need to successfully defend their case. Contact them today for a free consultation.