A person may be charged with intimate partner intimidation, which will be filed in California as a domestic abuse offense, if he or she merely attempts to persuade his or her intimate partner not to initiate a criminal proceeding, not to participate in a criminal proceeding or not to answer questions asked by any law enforcement agency. It is important to note that whether the intimate partner is actually intimidated or actually injured (as may be the case if the accused is charged with this offense as a felony) doesn’t matter, as it is only the attempt that is relevant to the charge, not the defendant’s success or failure. Intimate partners involved in a same sex relationship include those who are or were civilly united, those who are or were living together, those who are or were dating and those who have children together. The consequences facing the accused are severe and include a jail or prison sentence and a variety of additional penalties.

Defenses to this crime are plentiful and a seasoned California domestic violence lawyer knows how to strategically decide which to use and how to effectively convey them to the judge and jury to ensure their believability. Upon receiving the case, a good criminal defense lawyer will carefully review all of the facts that are contained in the police report, interview all of the witnesses who were either present for or party to the alleged incident and should gather any physical evidence that may help to defend against the charge. He or she should also have any physical evidence that is presented by the prosecution independently analyzed for its authenticity.

Defenses will become more obvious to the defendant’s attorney once the investigation period is over. Depending on what facts and circumstances the attorney discovered, the attorney may try to negotiate a deal with the prosecutor before trial to have the charges reduced or may try to convince the court that the charges should be dropped completely based on insufficient evidence. A skilled domestic violence attorney will also deal with any mitigating or extenuating circumstances that could serve to reduce or negate criminal liability.

Defenses to intimate partner intimidation also include lack of malice, unintentional injury, mistaken identity and false allegations. If it can be proven that the defendant was genuinely looking out for the best interests of his or her intimate partner, than he or she can’t be convicted of this charge, as the required element of malice would be negated. In a case where the defendant is charged with causing a substantial injury to his or her intimate partner when he or she was engaged in the intimidation, a valid defense may be that the injury wasn’t caused as the result of the intimidation but was instead caused by an accident, a fact that could at least reduce the charge to a misdemeanor. If the intimidation wasn’t done face-to-face but was rather attempted or accomplished through an e-mail, a letter, a telephone conversation or was left on the partner’s voice-mail or answering machine, the defense could attempt to show that this is a case of mistaken identity. If the alleged victim made a false allegation, an experienced defense attorney would know how to effectively cross-examine that individual to prove that the allegations were indeed false and initiated out of anger, jealousy, revenge or some other motive.

The GLBT supportive attorneys at the Kavinoky Law Firm excel in spotting the issues in a case that could ultimately save their clients from the devastating consequences that may be imposed with an intimidation conviction. They specialize in California crimes of intimate partner abuse and have mastered the defenses that are applicable to each. With law offices in Los Angeles and throughout California, they are available to provide their exceptional legal advice to anyone in need throughout the state. To secure the best representation from a firm who prides itself on exceeding client expectations, contact the Kavinoky Firm today for a free consultation.