Infliction of injury is a California domestic violence crime that applies to heterosexual and GLBT intimate partners. Intimate partners, within the gay community, are civilly united, living together, have children together or were formerly involved in one of these relationships. When an individual willfully inflicts any injury upon his or her intimate partner, he or she faces a felony, which is punishable by up to four years in prison and a fine of up to $6,000.

Infliction of injury can be charged against an individual who barely touched his or her partner, even if the sustained injury was only minor. Because the extent of the injury can be almost nonexistent in an infliction of injury case, physical evidence carries a lot of weight. Physical evidence is any evidence that is either visible (like a bruise), scientific (like DNA), or tangible (like medical records) that helps prove or disprove a theory. Since many cases of intimate partner abuse have no witnesses, the evidence in a LGBT relationship is often based on “he said, he said” or “she said, she said” allegations unless there is some physical evidence of the abuse. Common types of physical evidence in an infliction of injury case include scratches, bruises, burns, cuts or scrapes, hair removal, bite marks, broken bones, ripped clothes and damage to personal property. When such evidence exists, particularly with respect to bodily injury, and can be verified by someone with experience in dealing with these types of injuries, it is much easier for a prosecutor to get a conviction from the jury. However, even with physical evidence, a crafty attorney will try to either refute or downplay its significance. The gay friendly, skilled criminal defense lawyers from the Kavinoky Law Firm aggressively defend their clients and know which arguments to make to try to exclude damaging evidence and which arguments to make to ensure that favorable evidence is both admitted and highlighted for all to see and hear.

Even when physical evidence is admitted into an infliction of injury trial, a knowledgeable criminal defense attorney will make sure that it is carefully examined and, if possible, discredited. The attorneys at the Kavinoky Law Firm work closely with private investigators and expert witnesses to help cover all their bases. The private investigator will take photos of the scene and of any injuries that were sustained in the dispute. The investigator will interview everyone involved in the incident, including any witnesses who were either present or who have intimate knowledge about the violent history (if any) of the parties involved. The expert witness knows how to analyze injuries to determine if they really could have been caused in both the manner and timeframe alleged. The attorney then takes the information that he or she receives from the investigator and expert and carefully tailors the most effective defense strategy possible.

Facing an infliction of injury charge is no joke. The consequences are severe and possibly even life altering. If facing this charge, it is critical to hire an attorney who is experienced in this complex and technical area of the law. The GLBT supportive attorneys at the Kavinoky Law Firm are familiar with every aspect of a California domestic abuse case and have successfully defended countless individuals, treating each with compassion and respect. They are kept up-to-date on domestic abuse evidentiary issues and cutting-edge trial strategies, which has led to their impeccable reputation. In addition, they recognize and understand the difficult issues that a gay, lesbian, bisexual or transgender defendant may face in our intolerant judicial system and are dedicated to making sure that all their clients – gay and straight alike – receive the highest quality legal representation from a firm that is determined to protect the rights of the accused. To discuss an infliction of injury charge or any other domestic violence charge, contact them today for a free consultation.