Hearsay and 911 Calls and their Admissibility into Evidence in a California Domestic Violence Criminal Threats Trial

California domestic violence crimes are crimes that involve intimate partners. Intimate partners include people who are married, divorced, dating, formerly dated, living together or who have children in common. The laws apply to both heterosexual couples and same-sex partnerships. When an individual makes a criminal threat against his or her intimate partner, the crime will be charged as domestic abuse.

“Criminal threats” can be charged when a person threatens to commit a crime against his or her intimate partner, which, if committed, would result in death or serious bodily injury to that partner. The threat can be conveyed in almost any manner as long as the partner receives it and the partner reasonably feared for his or her safety as a result. It is not a defense that the accused didn’t actually intend to carry out the threat. If convicted of this crime, the defendant faces up to one year in the county jail or state prison, depending on whether the crime was filed as a misdemeanor or a felony.

Hearsay is a legal term that refers to “out of court” statements that a lawyer subsequently tries to offer as evidence “in court” during a trial. In order for the statements to qualify as hearsay, they must be introduced for their truth. In a typical criminal proceeding, if the court determines that the statements are, in fact, hearsay, it will likely rule that the statements are inadmissible, the rationale being that a witness should only testify to things about which he or she has actual, personal knowledge. However, California permits hearsay, including 911 telephone calls, to be admitted into evidence in intimate partner abuse trials.

In a criminal threats case, this exception allows into evidence statements that were made by the accuser at the time he or she was being threatened or immediately after the charged incident. The reason that this exception exists for D.V. cases is because it is believed that a victim who is experiencing abuse would lack the opportunity to reflect on or fabricate the facts. Obviously that rationale doesn’t always hold true, as many domestic violence 911 calls have been made based on made-up allegations in an effort to control or punish one’s partner or were placed out of anger, revenge or jealousy. In any event, the statements are allowed into evidence and, as a result, the prosecutor will no doubt play a recording of the 911 call and have the investigating officer read the accuser’s statements to the jury.

As is true with any area of the law, even exceptions have exceptions, which is why is it critical to have legal counsel who is familiar with domestic abuse cases and the evidentiary issues that frequently arise in these types of trials. The skilled criminal defense lawyers at The Kavinoky Law Firm pride themselves on keeping up with current case law and cutting edge trial strategies. They frequently participate in training seminars that relate to intimate partner violence, giving them a leg up on the competition. As a result, when a prosecutor tries to introduce hearsay and 911 calls in a criminal threats trial, they are prepared to effectively argue for their admission or exclusion, depending on which result would provide the most favorable outcome for their client. Because of the complex and technical rules (and the exceptions to those rules) that come into play in a California D.V. case, having an experienced and qualified criminal defense lawyer who knows how to tackle tricky evidentiary issues is critical. An experienced attorney can outline a proven defense strategy to a domestic abuse case during a free consultation.