When an individual either prevents or dissuades or attempts to prevent or dissuade his or her intimate partner from initiating a criminal complaint, answering questions asked by law enforcement, or from testifying in a court proceeding, he or she will likely be charged with intimate partner intimidation as a California crime of domestic violence. Intimate partners involved in a GLBT relationship include those who have children together, those who are dating or living together, those who are civilly united and those who formerly enjoyed one of these relationships. Depending on the circumstances that surrounded the alleged offense, a defendant may face up to a year in jail if the charge is filed as a misdemeanor or up to four years in state prison if the charge is filed as a felony. It should be noted that aggravating factors would invite an even stiffer prison sentence.

DNA (deoxyribonucleic acid) evidence has become quite popular in helping to acquit and convict defendants who have been charged with crimes involving domestic abuse. This is because it is a type of physical evidence that is specific and particular to each individual, which means that the only two people who would share the same DNA would be identical twins. DNA remains the same throughout one’s life and can be found in virtually every cell in the body. It can be easily retrieved from one’s hair, blood, saliva, bone or skin tissue, making it easy to collect from a crime scene.

DNA may be used in an intimate partner intimidation case, for example, if the defendant’s saliva was found on the envelope of a letter that he or she wrote to his or her intimate partner, if his or her blood or skin tissue was found on his or her intimate partner’s body or clothes, or if his or her hair was found on a pet that was used or harmed during the intimidation. When this type of evidence is collected, it may be easier to assess blame to the accused. However, if someone else’s DNA is found on that envelope or on the partner, it may be easier to clear the suspect and possibly look at bringing a criminal charge against the intimate partner for making a false allegation.

The difficult part about DNA evidence, particularly with respect to a crime that is alleged against one’s intimate partner, is that one’s DNA evidence may be present simply because of the fact that the partners are involved in an intimate relationship and may even be living together. This is why it is so important for the accused to hire a criminal defense lawyer who is also a California domestic violence attorney who knows and understands the intricacies behind the science that is involved in DNA analysis and who knows the appropriate arguments to make to either have it excluded, if damaging, or who knows how to effectively question it’s connection to the crime so that the judge and jury don’t automatically assume that just because it was retrieved from the scene means that the defendant must be guilty.

DNA evidence is here to stay. Having a lawyer who clearly understands DNA evidence and the ways that it can be admitted into and excluded from a trial is of the utmost importance, especially when facing the severe penalties that coincide with an intimate partner intimidation conviction. The knowledgeable, LGBT supportive attorneys at the Kavinoky Law Firm receive on-going training in DV trial strategies and evidentiary issues, such as DNA evidence, giving them a leg up on their competitors. They pride themselves on the integrity and skill with which they defend every case and on the level of compassion and respect with which they treat each client. With law offices in Los Angeles and throughout California, they are available to provide their exceptional legal advice to those in need, regardless of where they live. Contact them today for a free consultation.