A gay, lesbian, bisexual or transgender individual may be charged with infliction of injury, a California crime of domestic violence, if he or she willfully inflicted an injury upon his or her intimate partner. One’s intimate partner is his or her partner in a civil union, the person with whom he or she lives or the person with whom he or she has children. A person may even be charged with this crime if he or she inflicted injury against an individual that he or she is no longer with, if, at some point in time, the two shared one of the above listed relationships.

With the proof of injury set so low and the consequences of a conviction set so high, facing an infliction of injury charge is no joke. That is why it is imperative for the accused to hire an attorney who is knowledgeable not only with respect to California domestic abuse crimes but with the types of evidentiary issues that frequently arise during these types of trials. The experienced criminal defense lawyers at the Kavinoky Law Firm have successfully defended countless individuals in infliction of injury cases because they receive on-going training and education about DV cases and the issues that commonly surround these types of cases. They know how to argue for admission or exclusion of hearsay to provide the most effective defense for their clients.

“Hearsay” is a legal term that refers to statements that were made out of court that are later offered in court as evidence of their truth. Although hearsay evidence is generally inadmissible in criminal proceedings, there are exceptions to that rule, and intimate partner abuse cases are one of those exceptions. California has decided that hearsay statements, including 911 telephone calls, are relevant in domestic violence cases. This exception admits into evidence statements made by the complaining witness at the time when he or she was experiencing or witnessing the violent act or acts that are the subject of the case. The rationale behind this exception is that the spontaneity of such statements and the lack of opportunity for reflection and deliberate fabrication provide an adequate guarantee of their trustworthiness. Clearly this isn’t the case in reality, as many 911 calls have been placed under false pretenses and based on underlying motives such as anger, revenge and jealousy. Nonetheless, these statements are admissible into evidence and in a vigorous effort to convict the defendant, the prosecutor will seek to have the officer who took the complaint read the alleged victim’s statements to the jury and will also ask the judge to play the recorded 911 call for the jury. As with all areas of the law, even the exceptions have exceptions, which is why it is so important to have professional legal representation that specializes in this area of the law.

Because of the highly complex and technical rules (and exceptions to those rules) that come into play in a California intimate partner violence case, having a skilled and qualified lawyer who knows how to exclude or downplay this type of evidence is critical. In addition, a member of the GLBT community who faces a D.V. charge must not only overcome the great challenge of having this type of evidence admitted into a trial where the jury already wants to convict the accused, but must also face a possibly homophobic or intolerant judge and/or jury as well. The gay friendly attorneys at the Kavinoky Law Firm have both the knowledge and experience to aggressively tackle any issue that may arise in an infliction of injury case. Whether the allegation stems from an intense, emotional dispute that took a turn for the worse, from a false report, or from a simple mistake, professional guidance can help ease a difficult situation. When things are at their worst, the attorneys from the Kavinoky Law Firm are at their best! Contact them today for a free consultation.