Battered Person's Syndrome and Infliction of Injury

Infliction of injury, more commonly called "spousal abuse," is a California domestic violence crime that applies to intimate partners. These partners may be heterosexual or homosexual and married or divorced, living together or formerly living together or have children in common. If an individual willfully inflicts any injury, no matter how minor, upon the body of an intimate partner, he or she can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000.

In this, as well as many other intimate partner abuse cases, the condition known as "battered person's syndrome" (more commonly called "battered women's syndrome") comes into play and can be offered as evidence through the testimony of an expert witness by either side. Although it usually refers to a woman, battered person's syndrome can apply to a woman or a man involved in a heterosexual or homosexual relationship. Battered person's syndrome is a recognized psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. It is frequently used in infliction of injury cases either to defend an abused woman or man's actions or as evidence against his or her abuser if the abused victim later recants his or her allegations. Because this syndrome is frequently introduced in a domestic abuse trial, it is vital to hire a skilled criminal defense lawyer from The Kavinoky Law Firm who is familiar with battered person's syndrome should it and its effects be introduced into evidence.

The characteristics of this syndrome all focus on the abused believing that the violence is his or her fault. In addition, the syndrome has three distinct phases that include the "tension-building" phase, the actual battery, and the "honeymoon" phase. In order to be diagnosed with battered person's syndrome, the abused must have gone through all three phases at least twice.

If the abused has committed a crime, battered person's syndrome may be introduced as a defense in the case. A knowledgeable attorney will likely hire an expert witness to testify that the abused either didn't have the criminal mental intent that was necessary to commit the crime or that he or she honestly believed that force was needed in a particular situation to avoid a more serious injury or even death. If either of these scenarios sound familiar, it is crucial to contact an attorney immediately to begin building a defense based on this syndrome.

If, however, it is the prosecution who is introducing battered person's syndrome as evidence against a defendant, it is vital for the defendant to hire an experienced criminal defense attorney to help exclude that evidence or, at the very least, to rebut it with a defense expert witness. A defense expert witness will help discredit the prosecution's theory that the "victim" suffers from battered person's syndrome and will point out that the prosecution is simply using it as an excuse to bolster an otherwise weak case. The prosecution usually introduces the syndrome when the "victim" refuses to testify. The prosecutor argues, through his or her expert witness, that the "victim" is recanting the allegations because he or she fears what might happen if he or she doesn't. A defense expert will rebut that argument, addressing the many legitimate reasons why an accuser may change his or her story.

The attorneys at The Kavinoky Law Firm have the training and experience to handle any infliction of injury case. They have successfully defended countless cases with skill and compassion and are well qualified to effectively tackle any and every evidentiary issue that may arise, particularly with respect to battered person's syndrome. Click here for a free consultation and to secure the best representation available.