Physical Evidence 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. This charge can be brought against a defendant even if he or she barely touched the intimate partner.

Because the extent of the injury can be almost nonexistent in an infliction of injury case, physical evidence carries a lot of weight. Physical evidence is any evidence that is either visible (like a bruise), scientific (like DNA), or tangible (like medical records) that helps prove or disprove a theory. Since many cases of intimate partner abuse have no witnesses, they are often cases of "he said, she said" unless there is some physical evidence of the abuse. Common types of physical evidence in an infliction of injury case include scratches, bruises, burns, cuts or scrapes, hair removal, bite marks, broken bones, ripped clothes and damage to personal property. When such evidence exists, particularly with respect to bodily injury, and can be verified by someone with experience in dealing with these types of injuries, it is much easier for a prosecutor to get a conviction from the jury. However, even with physical evidence, a crafty attorney will try to either refute or downplay its significance. The skilled criminal defense lawyers from The Kavinoky Law Firm aggressively defend their clients and know which arguments to make to try to exclude damaging evidence and which arguments to make to ensure that favorable evidence is both admitted and highlighted for all to see and hear.

Even when physical evidence is admitted into an infliction of injury trial, a knowledgeable criminal defense attorney will make sure that it is carefully examined and, if possible, discredited. The attorneys at The Kavinoky Law Firm work closely with private investigators and expert witnesses to help cover all the bases. The private investigator will take photos of the scene as well as any injuries that were sustained in the dispute. The investigator will interview everyone involved in the incident, including any witnesses who were either present or who have intimate knowledge about the violent history (if any) of the parties involved. The expert witness knows how to analyze injuries to determine if they really could have been caused in both the manner and timeframe alleged. The attorney then takes the information that he or she receives from the investigator and expert and carefully tailors the most effective defense strategy possible.

Facing an infliction of injury charge is no joke. The consequences are severe and possibly even life altering. If facing this charge, it is critical to hire an attorney who is experienced in this complex and technical area of the law. The attorneys at The Kavinoky Law Firm are familiar with every aspect of a California domestic abuse case and have successfully defended countless individuals, treating each with discretion, compassion and respect. They are kept up-to-date on domestic abuse evidentiary issues and cutting-edge trial strategies, which has led to their impeccable reputation. Click here for a free consultation and the best representation.