Domestic battery, sometimes referred to as “spousal abuse” or “spousal battery,” is a domestic violence offense that applies to intimate partners in California. The term intimate partners includes individuals who are heterosexual or homosexual, married, divorced, living together, or who have children in common, or who are dating or were formerly dating.

Domestic battery is known as a “wobbler” under California law, meaning that it can be charged as either a misdemeanor or a felony depending on the severity of the individual case. Many battery cases are charged as misdemeanors, which carry a maximum of a one-year jail sentence and a $2,000 fine. This charge can be brought against a defendant even if he or she used the slightest force or any unwelcome physical touching. If serious bodily injury results (for example, broken bones, loss of consciousness or a concussion), the battery will likely be charged as a felony which carries a maximum of four years in state prison.

Because there is no requirement that there actually has to be any injury in a battery 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 a domestic battery case include scratches, bruises, burns, cuts or scrapes, hair removal, bite marks, broken bones, ripped clothing 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 a battery 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 a domestic battery 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 compassion and respect. They are kept up-to-date on domestic battery evidentiary issues and cutting-edge trial strategies, which has led to their impeccable reputation. Click here for a free consultation and for the best representation.

Recanting Victims in Domestic Violence Cases

California’s domestic violence laws apply to any intimate partners. Intimate partners are people who are married, divorced, living together, have children in common, and who are or used to be dating. The partners may be heterosexual or homosexual. It is the very nature of these types of intimate relationships that cause such highly charged, emotional disputes that are often blown out of proportion. An experienced lawyer is the key to making sure that the judge and jury not only hear that that was the case, but believe it as well.

In California, once the police are called to investigate an intimate partner abuse situation, it is more than likely that someone will go to jail and be charged with a crime. Without much exception, it is usually the person who called the police that will be labeled the “victim” and the partner who will be labeled the “abuser”, “perpetrator”, or “batterer”. It is the “victim” who gets the ball rolling on the criminal charge, but it is the police, prosecuting agency and judge who take it from there. This means that even if the “victim” wants to later tell the police, prosecutor or judge that he or she was mistaken or lying about the events or that he or she just simply doesn’t desire to press charges, it will not matter, as the case will be filed and prosecuted regardless. If the “victim” does make the decision that he or she doesn’t want to move forward with the case, it is imperative to contact a skilled criminal defense lawyer from The Kavinoky Law Firm to avoid the surprisingly devastating effect this can have on the defendant.

If the “victim” chooses of his or her own free will (meaning that the defendant hasn’t threatened or intimidated the partner, which is another crime in and of itself) that calling the police was a mistake for any reason, it is best for both partners to speak with an attorney who will help decide the best course of action. Many times the victim thinks that “recanting” (which means to take back or deny) the original story or not cooperating with the police or prosecution will help the defendant. Unfortunately, that is incorrect. In fact, the prosecution usually expects that a victim will recant and knows exactly how to proceed under this type of situation. A genuine recanting victim can be extremely harmful to the defendant if not first guided by an attorney.

A partner in a domestic abuse case can’t choose to remain silent if called to testify. The “right to remain silent” doesn’t apply in this situation, as it only applies to self-incrimination. Additionally, if the partner either doesn’t show up to court or simply refuses to actually speak when questioned, that leaves the individual open to being personally charged with other crimes. The absence of the victim’s testimony allows the prosecutor to introduce a recording of the actual call to the police as well as any statements made to the police during the initial investigation. Since these statements were made in the heat of the moment and possibly out of revenge or stemming from some other motive, these statements can be devastating to the defense. In addition, when the partner recants, the prosecutor will likely bring in an expert witness to testify that he or she is recanting because he or she has either been threatened by the “abuser” into doing so or that he or she is afraid of what further abuse might take place if he or she doesn’t recant. The expert will further explain that recanting is part of the “cycle of abuse.”

A highly qualified defense attorney from The Kavinoky Law Firm can help both parties navigate through the system with knowledge, compassion and discretion. The attorney will help develop the most effective defense strategy to put an end to a terrible situation that may simply have spiraled out of control. Click here for a free consultation.

Criminal threats is a California domestic violence offense that can be charged when an individual is accused of threatening an intimate partner with bodily harm. Intimate partners can be straight or gay couples who are married or divorced, living together, have children together, or who have dated at any time.

An individual who willfully threatens to commit a crime against his or her intimate partner which will result in death or serious bodily injury to that partner either by verbal, written or electronic communication, whether or not he or she has any intent to actually carry out the threat, may be charged with this crime if the partner is reasonably in fear for his or her own safety or for the safety of his or her family.

Criminal threats can be charged as a misdemeanor or a felony, punishable by up to one year in the county jail or state prison. It is important to note that the threat, on its face and under the circumstances, must be so clear, unconditional, immediate and specific so as to convey to the partner that the threat could be immediately executed, even if the defendant doesn’t actually intend to carry out the threat.

In an intimate partner abuse case, there are several evidentiary issues that frequently arise. The attorneys at The Kavinoky Law Firm have experience dealing with every aspect of a California domestic abuse case and receive ongoing training to make sure that they maintain their reputation for excellence. They not only know the intricacies behind each and every evidentiary issue that may arise in a criminal threats trial, but they know how to successfully use each to their client’s advantage.

The following are some of the issues that are likely to arise in a trial where the defendant is charged with making criminal threats:

• Battered Person’s Syndrome (more commonly called Battered Women’s Syndrome) is a psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. 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
• Physical evidence can be a huge issue in a threat case. Photographs or medical records revealing an injury or letters or recordings evidencing the threat are helpful to the prosecution if and when they exist. A skilled defense attorney knows the appropriate arguments to make to try to exclude such evidence
• DNA evidence is playing a larger role than ever before in intimate partner violence cases throughout the country, both to convict the guilty and to exonerate those wrongly accused or convicted
• Recanting victims are very common in domestic abuse cases. There are a number of reasons that a victim “recants” (takes back his or her story) during a trial. Because this is so common, the prosecution usually expects that the intimate partner will recant and knows exactly how to proceed under this type of situation
• Eyewitness accounts can make or break a case. Either side can subpoena witnesses who were present during the charged incident. A skilled criminal defense lawyer will work with defense witnesses to make sure that they tell their version of the events in the light most favorable to the defendant. A good attorney also knows how to effectively cross-examine prosecution witnesses to highlight discrepancies in their accounts

The prosecution frequently tries to introduce hearsay and 911 calls into the record. Unlike most criminal cases, hearsay and 911 calls are sometimes allowed into evidence in domestic violence cases. This is another reason why it is so important to have an attorney who is experienced in California domestic abuse law, as he or she knows how to effectively argue against their admission.

Domestic violence law is technical and complex, which is why it is critical to hire an attorney who is qualified, skilled and experienced in this area. Contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.

Mandatory Terms of Probation for an Infliction of Injury Conviction

Infliction of injury, also known as spousal abuse, is considered a domestic violence offense that applies to intimate partners under California law. Intimate partners can be of the same or opposite genders, be married, divorced, living together or formerly living together, or have children in common. Any injury, no matter how minor, inflicted upon the body of an intimate partner can result in felony charges punishable by up to four years in prison and a fine of up to $6,000.

While that is the maximum prison sentence and fine that can accompany a first-time infliction of injury conviction (a person with prior domestic abuse convictions faces more severe punishment), it is not a complete list of the penalties that ultimately face the offender. If a defendant is convicted of any intimate partner abuse crime in California, and is granted probation, there are certain conditions that must be imposed. Having a caring and knowledgeable attorney from The Kavinoky Law Firm at the defendant’s side will make these conditions seem less overwhelming, as the attorney will help guide the defendant through the probationary process.

Upon a conviction of infliction of injury, the defendant is placed on a minimum of three years probation which may be formal, meaning that the individual reports directly to a Probation Officer on a monthly basis and does as he or she is told by that officer, or informal, frequently called “summary probation,” which means that the individual must follow through with the terms of probation and must not violate any other laws. During that time, a Criminal Court Protective Order will be issued against the defendant to prevent further acts of violence against the victim and, if appropriate, will contain a residence exclusion or stay-away conditions. It should also be noted that the victim will be notified about the outcome of the case. Within a week of sentencing, the defendant must be booked, which means entered into a criminal database, fingerprinted and photographed if he or she wasn’t previously booked at the time the police report was filed.

In addition to the procedural conditions just described, the convicted must pay a minimum of $200 to various domestic abuse funds that are distributed by the state. He or she will also be required to attend a minimum two-hour “batterer’s class” on a weekly basis for at least one year. Depending on the circumstances surrounding the charged incident, the court may also order the defendant to enroll in a drug and/or alcohol dependency program. The judge will also require some form of community service.

In lieu of an additional fine (but not in lieu of the $200 payment described above), the court may order the convicted to pay up to $5,000 to a battered women’s shelter or to reimburse the victim for any reasonable expenses that the court believes were incurred as a direct result of the abuse.

A defendant’s ability to pay will always be taken into consideration by the court, as will his or her willingness and diligence in following through with these mandated conditions. Finding good cause, the court may modify certain requirements as it sees fit, and can extend probation or revoke it altogether. If probation is revoked, the maximum prison sentence will likely be imposed. Having an experienced criminal defense lawyer is the key to ensuring that these probation requirements are kept to a minimum.

The understanding attorneys at The Kavinoky Law Firm treat each client with compassion and respect. They sympathize with their clients and do their best to help each client through this difficult and trying time. To learn more about the penalties that coincide with an infliction of injury conviction or to speak with one of our attorneys regarding another legal matter, click here for a free consultation.

Sexual battery is a California domestic violence offense that can be charged against any intimate partner. The term “intimate partners” describes nearly every type of relationship – the couple may be straight or gay, married, divorced, living together, have children in common, or be dating or formerly dated. Any individual who touches an intimate partner against that person’s will for sexual gratification can be charged with sexual battery.

Touching includes every type of physical contact – however slight – whether it occurs directly or through the clothing of either individual. Even partners in an ongoing intimate relationship can be charged with sexual battery. Depending on the circumstances, the individual can be charged with a misdemeanor or a felony, with penalties of up to one year in jail or up to four years in prison and fines of up to $10,000.

When a suspect is arrested on a sexual battery charge, bail is set according to the bail schedule but can be raised or lowered based on an application that can be submitted by the defendant, by anyone on behalf of the defendant or by the arresting officer. However, if the victim in the case suffered serious bodily injury as a result of the abuse, the law requires that a bail hearing must be held to determine if modification is appropriate.

If there is a bail hearing, the judge will consider the defendant’s prior criminal history, his or her flight risk, and the facts of the pending case to determine whether to raise or lower the set bail amount or to release the defendant on his or her own recognizance (OR). When the judge makes decisions about bail, he or she presumes that the accused is guilty and makes a decision keeping that in mind. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring a criminal defense lawyer who has experience with every phase of an intimate partner abuse case.

If the defendant is denied an OR release (which is typical when a defendant faces an intimate partner abuse charge) and must post bail, he or she may be released through two different methods: Posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail with either the arresting agency or with the Clerk of the Court. If the accused attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.

A bail bond is a contract with a bail agent where the agent agrees to post a bond for the full bail amount. The bondsman will generally charge ten percent of the bond amount as his fee. The bondsman may also require “collateral” (which is usually a car, house or something else of great value) to secure the bond. This means that if the defendant doesn’t repay the bond, the bondman has the legal right to keep or sell the defendant’s collateral. Once the case is over, the bond is exonerated, and the collateral is then released.

A domestic violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. One’s reputation, career, family and freedom are jeopardized the minute the arrest is made. Because California is so strict with its sexual battery offenders, it’s critical to contact a skilled California defense attorney immediately after being arrested so that the attorney can help the accused navigate through the criminal court system right from the start. In order to secure the best representation from a firm who has successfully defended countless individuals charged with domestic abuse crimes, contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.

Sexual Battery

Sexual battery is a California domestic violence offense that can be charged against any intimate partner. The term “intimate partners” describes nearly every type of relationship – the couple may be straight or gay, married, divorced, living together, have children in common, or be dating or formerly dated. Any individual who touches an intimate partner against that person’s will for sexual gratification can be charged with sexual battery.

Touching includes every type of physical contact – however slight – whether it occurs directly or through the clothing of either individual. Even partners in an ongoing intimate relationship can be charged with sexual battery. Depending on the circumstances, the individual can be charged with a misdemeanor or a felony, with penalties of up to one year in jail or up to four years in prison and fines of up to $10,000.

When a suspect is arrested on a sexual battery charge, bail is set according to the bail schedule but can be raised or lowered based on an application that can be submitted by the defendant, by anyone on behalf of the defendant or by the arresting officer. However, if the victim in the case suffered serious bodily injury as a result of the abuse, the law requires that a bail hearing must be held to determine if modification is appropriate.

If there is a bail hearing, the judge will consider the defendant’s prior criminal history, his or her flight risk, and the facts of the pending case to determine whether to raise or lower the set bail amount or to release the defendant on his or her own recognizance (OR). When the judge makes decisions about bail, he or she presumes that the accused is guilty and makes a decision keeping that in mind. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring a criminal defense lawyer who has experience with every phase of an intimate partner abuse case.

If the defendant is denied an OR release (which is typical when a defendant faces an intimate partner abuse charge) and must post bail, he or she may be released through two different methods: Posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail with either the arresting agency or with the Clerk of the Court. If the accused attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.

A bail bond is a contract with a bail agent where the agent agrees to post a bond for the full bail amount. The bondsman will generally charge ten percent of the bond amount as his fee. The bondsman may also require “collateral” (which is usually a car, house or something else of great value) to secure the bond. This means that if the defendant doesn’t repay the bond, the bondman has the legal right to keep or sell the defendant’s collateral. Once the case is over, the bond is exonerated, and the collateral is then released.

A domestic violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. One’s reputation, career, family and freedom are jeopardized the minute the arrest is made. Because California is so strict with its sexual battery offenders, it’s critical to contact a skilled California defense attorney immediately after being arrested so that the attorney can help the accused navigate through the criminal court system right from the start. In order to secure the best representation from a firm who has successfully defended countless individuals charged with domestic abuse crimes, contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.

Hearsay and its admissibility in a stalking case prosecuted as a California crime of domestic violence

When an individual harasses or follows and threatens his or her intimate partner, with the intent of placing that partner in fear, he or she may be charged with the California domestic violence crime of stalking. Intimate partners may be heterosexual partners or same sex partners that are married or divorced, living together or formerly living together, dating or formerly dating or that have children together. If convicted, the defendant faces either a misdemeanor, punishable by up to one year in county jail and up to a $1,000 fine or a felony, punishable by up to five years in state prison. Aggravating factors and/or prior convictions help determine whether the defendant will be charged with a misdemeanor or a felony and also help determine the extent of the punishment.

There are certain rules of evidence that apply to California domestic abuse cases that don’t apply to other types of criminal cases. Because the stakes are so high in a D.V. case – one’s reputation, family and career are all placed in jeopardy the minute an arrest is made – it is critical for an individual accused of an intimate partner abuse crime to immediately hire an attorney who specializes in this technical area of the law and who is therefore familiar with all of the special evidentiary exceptions that come into play in a domestic violence case.

“Hearsay” is one of those exceptions. Hearsay is a legal term and simply refers to any statement that an individual made previous to his or her testimony under oath, in court. One’s statement or statements that he or she made out of court are oftentimes thought to be relevant to a case, and attorneys frequently try to admit those statements into evidence in a criminal trial. Under most circumstances, these statements are excluded from evidence, because they are believed to be unreliable. However, in California, hearsay, under certain circumstances, is admissible in a domestic violence case. The most common type of hearsay that is acceptable in a DV case is a statement or statements that the alleged victim made when he or she was either witnessing or experiencing the alleged incident. These statements may have been recorded in a 911-telephone call, heard by a neighbor or friend or made to the investigating officer. This type of hearsay is admissible in a stalking or other intimate partner abuse trial because it is believed that the spontaneity of such statements provides an adequate guarantee of their reliability. In reality, this clearly isn’t the case, as many domestic abuse cases are inappropriately filed based on false charges, when the accuser deliberately placed a 911 call out of jealousy, revenge or anger. However, because the statements will still be admissible, it is up to a savvy criminal defense lawyer to recognize when such is the case and to bring it to the judge and jury’s attention, thus serving to vindicate his or her client.

Because of the highly complex and technical rules (and exceptions to those rules) that apply to a California intimate partner violence case, it is absolutely necessary to have a skilled and qualified California defense lawyer who knows how to exclude or downplay this type of evidence. The exceptional attorneys at the Kavinoky Law Firm have both the knowledge and experience to aggressively tackle any issue that may arise in a stalking case. They specialize in DV cases and have successfully defended countless individuals charged with these types of crimes. When things are at their worst, the attorneys from the Kavinoky Law Firm are at their best! Contact them today for a free consultation and for the best representation.

 

Domestic violence, defined by California law, is abuse that takes place within families, specifically with respect to children, parents and grandparents, and between intimate partners. Intimate partners are both heterosexual and homosexual and include people who have children together, people who are living together or who formerly lived together, people who are dating or were dating and people who are married or divorced. Domestic abuse may take on many forms, the most common types being physical, emotional and financial abuse.

Financial abuse, also known as economic dependence or economic abuse, occurs when an individual exerts power over his or her intimate partner or another family member by withholding or preventing access to money, checks, credit cards, necessities such as food, clothing, shelter and medicine and/or steals from his or her intimate partner or another family member. On that note, if such depravation takes place against one’s own child, a child abuse charge of child endangerment may be filed against the parent. Draining bank accounts or accessing other lines of credit are additional ways that an abuser can financially assert power over a family member or intimate partner. When these types of theft occur, the victim’s ability to find new housing or employment may be adversely affected, which acts as a significant barrier to self-sufficiency and empowerment. Economic abuse is a type of emotional abuse and can leave a victim feeling helpless.

Although this type of economic dependence usually takes place between intimate partners, other family members may be affected as well. If a child steals from his or her parent, that is economic abuse and will be treated as a form of domestic violence. It should be noted that the juvenile justice system is different from the adult system and the child would not be prosecuted in the same manner as an adult offender would. Similarly, a child could steal from a grandparent or an adult could steal from an elder parent, which could be prosecuted as elder financial abuse, falling under the jurisdiction of California’s domestic violence laws.

Financial abuse affects victims in much the same way as any other type of domestic abuse. Victims of economic abuse often feel hopeless and trapped in an emotionally draining relationship. They may suffer from depression, stress or anxiety and may develop significant health problems. Depending on how much additional emotional abuse is being targeted at the victim, he or she may also feel worthless and resort to destructive behavior. Sometimes the abuser may force an intimate partner to assume sole responsibility for the bills, may demand his or her paychecks and/or may force his or her intimate partner or child to commit crimes in order to obtain money. When these types of abuses occur, the victim may exhibit even more extreme versions of the above-listed symptoms and may completely withdraw and/or contemplate suicide or act violently towards others.

People who find themselves being financially abused by an intimate partner may be unable to leave their partner due to a recognized psychological condition known as “battered person’s syndrome”. This syndrome, and what’s known as the “cycle of abuse,” are recognized issues that explain why someone who has been consistently and/or severely victimized would choose to stay in a harmful relationship.

Individuals who are being financially abused should speak to an attorney about their legal rights and should seek help to learn how to safely leave an abusive relationship. An individual charged with a crime of domestic violence should immediately contact a criminal defense lawyer upon an accusation. The experienced attorneys at The Kavinoky Law Firm specialize in intimate partner abuse charges and all that goes along with this special class of crimes. They have successfully defended countless individuals charged with domestic violence and treat each client with the respect, discretion and compassion that he or she deserves. To discuss financial abuse or to discuss a domestic violence arrest, contact The Kavinoky Law Firm for a consultation.

Recanting Victims and their Role in a California Domestic Violence Criminal Threats Trial

California domestic violence laws apply to all crimes where the victim is an intimate partner of the defendant. Intimate partners are both homosexual and heterosexual couples that are dating or formerly dated, married, divorced, living together or have children together. When an individual is charged with making criminal threats against his or her intimate partner, the charge will be prosecuted as a domestic abuse crime.

“Criminal threats” is charged when an individual threatens to commit a crime against his or her intimate partner that, if carried out, would result in serious bodily harm or death to that partner. Whether the defendant actually intended to commit the threatened crime is irrelevant to his or her defense. The only issue that truly matters is whether the intimate partner reasonably feared for his or her safety or for the safety of his or her family.

Because an accusation against one’s intimate partner for making a criminal threat can be made with no evidence of the threat, it would be easy for someone to falsely accuse his or her partner of this crime. When this type of situation occurs, the accuser may later decide that he or she wants to tell the truth about what happened. He or she may incorrectly believe that it will help the accused if he or she doesn’t co-operate with the police or prosecuting agency or “recants” (which means to change, retract or take back) his or her allegation. When an accuser does this, it can actually be devastating to the defendant.

When an accuser decides to come clean about a false accusation, it is best that both partners speak to a criminal defense lawyer who is familiar with the issues that a recanting victim raises. The attorneys at The Kavinoky Law Firm have successfully defended numerous individuals who were charged with domestic abuse crimes, including making criminal threats, and understand the challenges that a recanting victim presents. With their compassion, they can help both parties navigate through the criminal court system in an effort to right a wrong.

Recanting victims allow a prosecutor to introduce evidence that may otherwise have been inadmissible during a D.V. trial for threatening an intimate partner. When an accuser recants, the prosecutor is allowed to play for the jury a recording of the emergency call that the accuser placed to the police, either during the threat or immediately after the threat. The district attorney will also be allowed to introduce statements that were made by the accuser during the police investigation. Since that call and the subsequent statements were made when the accuser was actually in fear or were made out of anger, revenge or some other motive that served as the basis for placing the original call, the tone and emotions of the accuser will undoubtedly come through and will receive undue attention from the jury. In addition, when an accuser recants, the prosecutor will likely hire an expert witness to testify that the individual is recanting because he or she was told to do so by an already abusive partner or because he or she was fearful of what would happen if this was not done. The expert will discuss intimate partner violence issues such as the “cycle of abuse” and “battered person’s syndrome” that will likely resonate with the jury. This is another reason why it is imperative for the accused to have a defense attorney who, at the very least, will hire a defense expert to rebut this type of testimony and offer the many legitimate reasons why an accuser might deny his or her original allegations.

When an individual recants, either because his or her original allegations were false or because he or she is truly fearful of his or her partner, it is critical for the accused to retain experienced legal counsel. The attorneys at The Kavinoky Law Firm know what it takes to successfully defend an individual against the damaging effects of a recanting victim.