DNA Evidence and its Role in a California Domestic Violence Criminal Threats Case

Domestic violence laws include a variety of crimes that are committed against one’s intimate partner. Intimate partners include heterosexual and same-sex partnerships where the individuals are married, divorced, living together, dating, formerly dated or have children together. In California, if an individual makes a criminal threat against his or her intimate partner, he or she will be charged with criminal threats as a domestic abuse violation and will be prosecuted accordingly.

“Criminal threats” is charged when an individual threatens, either verbally or in writing, to commit a crime against his or her intimate partner that will result in serious bodily injury or death to that partner. It does not matter if the accused actually intended to carry out the threat, only that he or she made it and that it was clear enough that the partner reasonably feared for his or her own safety or for the safety of his or her family. Depending on the circumstances of the charged incident, a defendant convicted of this crime faces either a misdemeanor or a felony, punishable by up to one year in the county jail or state prison.

DNA evidence plays a vital role in convicting suspects and in clearing the falsely accused. A person’s DNA (deoxyribonucleic acid) remains constant throughout his or her life and is specific to that individual, which means that no two people, with the exception of identical twins, have the same DNA. The importance of that, and the reason that this type of evidence is being so widely used throughout this country, is if someone’s DNA can be collected from a crime scene or from physical evidence related to the allegation, it can either link the accused to the crime or exclude him or her from being involved in the crime.

DNA is found in virtually every cell in the body and is commonly retrieved from one’s blood, saliva, bone, skin tissue or hair. In a D.V. criminal threats case, DNA would likely be found in the saliva on a licked envelope that contained the threatening letter or on the accuser’s body or clothes if there was physical contact between the defendant and his or her intimate partner at the time of the alleged offense. If the defendant’s DNA was retrieved from these or from any other location that was involved in the charged incident, it may be easier to convict that individual for the crime. However, if someone else’s DNA was found on that envelope or on the partner’s body or clothes, it may be easier to clear the accused of that crime.

Because DNA evidence is becoming so prevalent in intimate partner abuse cases, it is critical that an accused hires an attorney who understands the science behind this type of evidence and who is familiar with the ways that it can be used during a trial. The experienced attorneys at The Kavinoky Law Firm receive ongoing training in domestic violence law and on the evidentiary issues, such as DNA evidence, that frequently arise during these types of cases. They have successfully defended countless individuals facing criminal threats charges by preparing the most comprehensive defense strategies possible.