Recanting Victims and Domestic Battery

Domestic battery, also known as "spousal abuse" or "spousal battery," is a California domestic violence offense that can apply to any type of intimate partners. The term "intimate partners" encompasses nearly every type of relationship - the individuals may be heterosexual or homosexual and may be married, divorced, living together, have children in common, or be dating or formerly dated.

Any time an individual willfully and unlawfully uses force or violence against an intimate partner, no matter how little force is used, he or she can be charged with battery. Most battery charges are filed as misdemeanors that carry a maximum of a one-year jail sentence and a $2,000 fine. However, if the accuser suffers a serious injury, the battery will rise to a felony, which carries a maximum of four years in state prison.

A battery charge can be filed against an individual even if he or she caused no injury to the accuser. This means that it would be very easy for an alleged "victim" to charge his or her partner with this crime with little or perhaps no evidence. Many times an individual will do this simply out of revenge, anger, or some other inappropriate motive. He or she may later decide to tell the truth about what happened, but once the police are involved, it is too late to take the allegation back, as only the prosecutor and/or judge can decide to drop the charges at that point. When this type of situation arises, it is imperative for the accused to hire a skilled criminal defense lawyer from The Kavinoky Law Firm.

If the "victim" chooses of his or her own free will that calling the police was a mistake for any reason, it is best for both partners to speak with an attorney who will help decide the best course of action. Many times the victim thinks that recanting (which means to take back or deny) the original story or not cooperating with the police or prosecution will help the defendant. Unfortunately, that is incorrect. In fact, in an intimate partner abuse case, the prosecution usually expects that a victim will recant and knows exactly how to proceed under this type of situation. A genuine recanting victim can be extremely harmful to the defendant if not first guided by an attorney.

When a victim recants, two major issues arise. The first is that evidence that may otherwise have been inadmissible during the trial will now likely be admissible, and the second issue is that a "recanting victim" gives the prosecution a great argument against the defendant. Beginning with the first issue, when a victim recants his or her story, the prosecution plays for the jury a recording of the call that the victim placed to the police. The prosecutor will also admit into evidence any statements that the victim made to the police during the initial investigation. Because these statements were made in the heat of the moment and possibly out of revenge or stemming from some other motive, these statements can be devastating to the defense. Looking at the second issue, when a victim recants, the prosecutor usually brings in an expert witness who testifies that the victim is recanting because he or she has either been threatened by the "abuser" into doing so or that he or she is afraid of what further abuse might take place if he or she doesn't recant. The expert will further explain that recanting is part of the "cycle of abuse" and that the victim likely suffers from "battered person's syndrome."

When an intimate partner chooses to recant his or her allegation, a highly qualified, knowledgeable and compassionate defense attorney from The Kavinoky Law Firm can help both parties navigate through the system. The attorney will help develop the most effective defense strategy to successfully put an end to a terrible situation that simply spiraled out of control. Click here for a free consultation.