DNA evidence in a California domestic violence stalking case

In California, when an individual threatens and willfully follows or harasses his or her intimate partner with the intent of placing that partner in fear, he or she will likely be charged with stalking as a domestic violence crime. Domestic violence crimes, in California, apply to all crimes that are committed against one's intimate partner. Intimate partners are both heterosexual and homosexual persons who are married, divorced, living together, have children together, dating or formerly dating. While the crime of stalking isn't necessarily a domestic abuse crime, if committed against an intimate partner, it will be prosecuted as such, subjecting the accused to a variety of severe penalties, including up to one year in county jail and/or up to a $1,000 fine or up to one year in state prison, depending on whether the crime was charged as a misdemeanor or as a felony and up to five years in prison if there were either aggravating circumstances that surrounded the alleged incidents or if the defendant has prior convictions for stalking or other specific offenses.

One of the ways that a defendant may be cleared from a D.V. stalking charge or convicted of a DV stalking charge is through DNA evidence. DNA evidence is playing a larger role than ever before throughout this country in acquitting and convicting persons charged with a crime. This is because scientists have developed ways of extracting DNA from sources that used to be too difficult or too contaminated to use.

DNA (deoxyribonucleic acid) is a type of scientific, physical evidence that, if and when it exists, can have a tremendous impact on the outcome of an intimate partner violence stalking case. An individual's DNA includes information about everything from his or her eye color to any genetic defects. It is found in virtually every cell in a person's body and is commonly retrieved from one's blood, bone, hair, saliva or skin tissue. An individual's DNA is particular to that person and remains constant throughout his or her life. The reason that this type of evidence is so conclusive is because, with the exception of identical twins, no two people share the same DNA. As a result, if someone's DNA can be collected from a crime scene or from some other evidence that is linked to a crime, it may exclude a person from having been at the scene or from having participated in a crime, or it may directly link an accused to the crime.

DNA evidence is only going to be used more frequently in criminal trials as time goes on, which is why is it so important to have a criminal defense lawyer who understands the science involved in this type of evidence and who has experience defending against it. The skilled attorneys at the Kavinoky Law Firm receive on-going education and training in intimate partner abuse cases and on the many different evidentiary issues, such as DNA evidence, that commonly arise in these types of cases. They have a great deal of experience defending individuals against stalking charges and have the knowledge and resources to make sure that the most comprehensive defense possible is devised for each individual's case. To speak to one of our lawyers today, please click here for a free consultation.