DNA Evidence and Domestic Battery

Domestic battery is a California domestic violence offense also called "spousal abuse" or "spousal battery" that applies to intimate partners. Intimate partners can be straight or gay, married, divorced, or living together, have children together, or simply be dating or formerly dated.

Battery is known as a "wobbler", which is a California criminal offense that can be charged as either a misdemeanor or a felony depending on the severity of the individual case. Anyone believed to have willfully and unlawfully used force or violence against an intimate partner can be charged with battery, which is typically charged as a misdemeanor and carries a maximum of a one-year jail sentence and a $2,000 fine. An individual can face a battery charge even if he or she used the slightest force. Any unwanted touching can lead to a battery charge. However, in cases of serious bodily injury, such as broken bones, loss of consciousness or a concussion, the individual will likely face a felony charge which carries a maximum of four years in state prison.

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 a domestic battery 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 in connection with this crime. The skilled criminal defense lawyers at The Kavinoky Law Firm receive ongoing 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 who faced domestic battery charges, 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 cell, 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 a battery 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 in 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 a domestic battery conviction. The 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. Click here for a free consultation and for the best representation.