A GLBT individual may be charged with infliction of injury if he or she willfully inflicted an injury upon his or her partner or former partner in a civil union, the person with whom he or she has children or the person with whom he or she lives or lived. If convicted of this crime of domestic violence, the defendant faces up to four years in prison and a maximum $6,000 fine. This charge can be brought against an individual even if he or she barely touched his or her partner.

The good news is that there are many effective defenses in domestic abuse cases. Altercations between intimate partners are emotional, highly charged incidents that can be interpreted in more than one way. A skilled criminal defense lawyer will ensure that the defendant’s version of events is not only heard by the jury, but believed as well.

Because an infliction of injury charge requires almost no physical proof of an injury and is commonly based only upon the allegations of the accuser, physical evidence and eyewitness testimony can be critical to the prosecution. However, a good lawyer will attempt to either discredit both or alternatively make them favorable to the defense.

In an effort to acquit the accused, the attorney will employ as many defenses as he or she can. Each defense includes a thorough review of the facts, witness preparation and effective cross-examination skills. The experienced attorneys at the Kavinoky Law Firm specialize in intimate partner abuse cases. They are familiar with and have mastered the defenses available to an accused facing an infliction of injury charge and know how to effectively communicate them to the judge and jury.

Two common infliction of injury defenses are self-defense and the defense of others. If the accused can prove either of these defenses, he or she cannot be found guilty of this crime, as they negate the charge. Likewise, if there is a lack of intent on the part of the defendant (for example, the sustained injury was the result of an accident or the defendant suffered from battered person’s syndrome), he or she must be acquitted of this charge.

As stated above, an accused can be charged with infliction of injury even if he or she barely touched the intimate partner. When a victim sustained only minor injuries or there was no documented proof of the abuse or any credible eyewitnesses, the defense may argue that there is insufficient evidence to prosecute the defendant. Along these same lines, there will be occasions where mitigating circumstances existed at the time of the alleged incident that may either reduce or negate criminal responsibility. These are just some of the reasons why it is so important to have professional legal representation experienced in this area of the law.

DV statistics reveal that many times both partners involved in an abusive relationship are both victims and both abusers. This means that the accused may also be the victim of his or her intimate partner’s abuse and should not legally bear sole responsibility for the alleged incident. Another example of this power struggle (and another common defense) is when the so-called “victim” files false allegations. Filing a report allows the accuser to have the upper hand over the accused and is a way to exert power over one’s partner. A skilled defense attorney knows how to effectively cross-examine a self-proclaimed “victim” to prove that the allegations were indeed false and initiated out of anger, jealousy or revenge.

The experienced LGBT supportive defense attorneys from the Kavinoky Law Firm will effectively communicate these defenses for their client and will do their best to make sure that a judge and/or jury plagued by hatred for or apathy towards a gay, lesbian, bisexual or transgender defendant will ultimately be able to relate to their client and find him or her not guilty of the charges. Become a part of their success. Contact them today for a free consultation.