An individual may be charged with infliction of injury when he or she willfully inflicts an injury, no matter how minor, upon his or her intimate partner. One’s gay, lesbian, bisexual or transgender intimate partner may be his or her partner in a civil union, the person with whom he or she lives or the person with whom he or she is raising children. California’s domestic violence laws even apply to intimate partners who no longer remain together but who once shared one of the above listed relationships. If charged with this crime, the accused may be incarcerated for up to four years in the state prison and may face an additional $6,000 in fines.

Unfortunately, there are many partners who are involved in mutually abusive relationships. This means that both partners are victims and abusers. In these troubling relationships, both partners will exert their power in a number of ways. One of the common ways that a partner will do this is by making a false allegation. An example of this is when the self-proclaimed “victim” accuses his or her partner of causing an injury that, in fact, wasn’t his or her fault. When this type of situation arises, DNA evidence plays a vital role. When faced with an infliction of injury charge, it is important to hire an attorney who is experienced with all aspects of a California intimate partner abuse case, including the many types of evidentiary issues that often arise. It is equally important for a gay, lesbian, bisexual or transgender individual to hire an attorney who will be sympathetic to his or her needs and who is in-tune with the many challenges that he or she may face in a judicial system that still has a difficult time accepting same sex domestic violence. The GLBT supportive, skilled criminal defense lawyers at the Kavinoky Law Firm receive on-going training in domestic violence trial strategies and evidentiary issues, such as DNA evidence, giving them a leg up on the competition. They have successfully defended countless individuals in infliction of injury cases, protecting them from the devastating consequences that the charge carries.

In criminal courts throughout this country, DNA evidence is playing a larger role than ever before in helping to convict the guilty and to clear the falsely accused. DNA (deoxyribonucleic acid) evidence is particular to each individual and remains constant throughout one’s life. Virtually every cell in the body contains DNA and it is the same in each, whether it is found in one’s hair, saliva, blood, skin tissue or bone. This evidence is so powerful because, with the exception of identical twins, no two people share the same DNA. This means that if DNA can be collected from a crime scene, it can either link the accused to the crime or exclude the accused from the crime. For example, in an infliction of injury case, if an alleged abuser’s DNA evidence, such as blood or skin tissue, is found on the alleged victim’s body or clothes, it will be easier to assess blame to the accused. However, if someone else’s DNA is found on the alleged victim, it may be easier to clear the suspect and possibly look at bringing a criminal charge against the “victim” for filing a false police report.

DNA evidence is clearly here to stay. Having an attorney who is well versed with DNA evidence and the ways that it can be admitted into and excluded from evidence in a domestic abuse case is of the utmost importance, especially when facing the severe consequences inherent within an infliction of injury conviction. The gay friendly, knowledgeable attorneys at the Kavinoky Law Firm have experience with this complex and technical area of the law. In addition, they have the necessary resources to help prepare the best possible defense strategy, which is specifically developed for each client, based on each client’s individual needs and circumstances. Contact them today for a free consultation and for the best representation.