Category: Domestic Violence

California Domestic Violence | Los Angeles Domestic Violence Lawyer | No Cuffs

Criminal Threats Trial Considerations

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.

False Accusations

  False accusations in a domestic violence case

In California, domestic abuse cases are taken very seriously, and the state is strict with its offenders. Domestic violence includes a variety of crimes and a variety of punishments. The defendant usually faces heavy fines, jail or prison time and many other devastating consequences. The types of charges brought in a domestic abuse case are based on incidents that occur between intimate partners. Intimate partners include all persons (heterosexual and homosexual) who are or were married, who have children in common, who are cohabiting and who are or were dating.

Because the consequences of an intimate partner abuse charge are so severe, it is crucial to hire an aggressive, knowledgeable criminal defense lawyer who knows California domestic violence law. An experienced attorney from The Kavinoky Law Firm is just that. He or she will customize a defense based on each individual’s experience and will ultimately provide the best representation possible.

Oftentimes a domestic violence “victim” makes a false accusation to the police. The accused, in turn, becomes the “defendant” when formally charged with the crime. Unfortunately, police are quick to respond to the accuser’s cries and far too often the accused doesn’t know how to appropriately respond. The reality of the situation is that the “victim” is the party actually breaking the law, as false reporting is a crime itself, punishable by up to four years in state prison. Additionally, there are several civil causes of action that may be filed against the accuser in this type of situation. Contacting an attorney is the best defense for someone who has been falsely accused, because the lawyer can help the defendant navigate through the court process to make sure that appropriate action is taken on behalf of the accused and against the false accuser.

There are several reasons why people file false intimate partner abuse charges. Domestic violence is usually about control. That control can be physical, emotional or financial. There are domestic violence statistics that reveal that a significant number of people who reported domestic violence crimes were actually exaggerating or lying to the police in order to manipulate or control their partners. Filing a false report allows the accuser to have the upper hand over the accused and is a way to exert power over one’s partner. Sometimes the accuser brings the false charges because of jealousy or revenge. These are all defenses that a skilled attorney will investigate on behalf of the accused to ensure that the judge and/or jury not only hear the defendant’s side of the story, but believe it as well.

Being falsely accused of a domestic abuse case may bring life-changing consequences. One’s reputation, career, family and freedom are all placed in jeopardy if the truth isn’t revealed. An experienced attorney from The Kavinoky Law Firm knows how to examine witnesses, analyze evidence and how to highlight discrepancies to ensure that in a false accusation situation, everyone recognizes that the defendant is truly the victim and that justice can only be served by treating him or her as such. The first step in defending against a false accusation is to immediately hire an attorney. Click here for a free consultation with a skilled attorney from The Kavinoky Law Firm.

Mandatory Terms of Probation for an Infliction of Injury Conviction

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.

Types of Same-Sex Domestic Violence Charges

Types of Same-Sex Domestic Violence Charges

Same-sex domestic violence refers to physical, emotional and financial abuse that is committed against one’s current or former intimate partner as a way of trying to gain and maintain control over that partner. Intimate partners are people who are dating, were formerly dating, living together, were formerly living together or who have children together. Although same-sex intimate partner abuse isn’t as widely discussed as heterosexual domestic violence, statistics reveal that intimate partner violence takes place at about the same rate in same-sex partnerships as it does in heterosexual relationships.

Domestic violence laws in California apply to all persons regardless of their sexual orientation. Depending on the severity of the crime and the actual crime committed, D.V. crimes may be filed as misdemeanors, felonies or “wobblers” (meaning that the crime may be prosecuted as either a misdemeanor or as a felony). The penalties for intimate partner abuse range from fines to prison and consist of other consequences that include counseling, possible registration as a sex offender, and child custody issues, to name a few. The following is a sampling of some of the crimes that are commonly filed as crimes of domestic violence in California, against gay and lesbian partners and against heterosexual partners alike.

Infliction of injury, a felony, may be charged against an individual if he or she purposefully inflicted a physical injury upon his or her intimate partner.

Battery is usually charged as a misdemeanor and may be filed against an individual who even just barely touched his or her intimate partner against that partner’s will. The charge will be filed as a felony if the partner suffered a serious injury as a result of the contact.

Sexual battery is a wobbler and will be filed as a misdemeanor if, for the purpose of sexual abuse, gratification or arousal, a person touched his or her intimate partner against that partner’s will. This crime will be filed as a felony if, at the time of the touching, the intimate partner was unconscious, drugged, disabled, institutionalized or unlawfully restrained.

If an individual intentionally violated a protective order that the court previously issued against him or her that named his or her partner as the protected party, the offender faces a misdemeanor conviction, unless he or she has a prior conviction for the same offense, in which case the crime may be filed as a felony.

If an individual prevented, dissuaded or attempted to prevent or dissuade his or her intimate partner from initiating a criminal complaint or from taking part in any other type of criminal proceeding, he or she may be charged with witness intimidation, which is a wobbler.

Criminal threats, which is another wobbler, may be charged when an individual threatened to commit a crime against his or her intimate partner that would have resulted in serious injury or death to that partner if carried out, and the partner feared for his or her safety as a result of the threat.

When a person follows or harasses and threatens his or her intimate partner, with the intent of placing that partner in fear, he or she may be charged with stalking, as either a misdemeanor or a felony. The crime will definitely result in a felony charge if the offender also has certain prior convictions.

When facing a same-sex intimate partner abuse charge, it is imperative that the accused hires a criminal defense lawyer who not only specializes in California DV crimes, but who is also sensitive to the special issues that gay and lesbian couples face within this area of the law. The trustworthy attorneys at The Kavinoky Law Firm have successfully defended countless individuals facing intimate partner violence charges, and treat each client with the respect, discretion and compassion that he or she deserves. Contact The Kavinoky Law Firm today for a free consultation.

Sex Offender Management and Sexual Battery

Sex Offender Management and Sexual Battery

In California, when an individual is convicted of certain sex crimes, including sexual battery, he or she is required to register as a sex offender with a local law enforcement agency. Prior to being placed on probation, or prior to being released from jail or prison, the convicted defendant will be notified in writing of his or her duty to register, and the Department of Justice (DOJ) receives a copy of that notification.

Sexual battery is a California domestic violence offense that can be charged against any partner in an intimate relationship. Under California law, intimate partners can be heterosexual or homosexual couples who may be married, divorced, living together, have children together, or be dating or formerly dating.

Any individual who touches an intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse faces a sexual battery charge. Any type of physical contact, however slight, can constitute touching in a California sexual battery case. It doesn’t matter whether the contact is direct or occurs through the clothing of either individual. Even someone involved in an ongoing intimate relationship can face a sexual battery charge.

Depending on the circumstances, the crime can be charged as 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. While that is the maximum prison sentence and fine that can accompany a first time sexual battery conviction, it is not a complete list of the penalties that face the offender. Perhaps the most severe, because of its social stigma, is mandatory registration as a sex offender.

Registered sex offenders must update their information annually, within five days of their birthday. However, if an offender moves or changes his or her name after an update, he or she is required to notify the local law enforcement agency within five days of that date. Certain sex offenders must update more frequently than yearly, such as transients (people who don’t have legal addresses) and sexually violent predators.

This information is maintained in the sex offender tracking program at the DOJ, which is posted on the Internet under certain circumstances. The program keeps track of each individual’s upcoming required update and also keeps track of violations of those updates. The DOJ updates their sex offender database daily, based on information that it receives from various law enforcement agencies.

Once registered, an individual’s information (either full address and other pertinent information or a zip code with other pertinent information) can be found online at www.meganslaw.ca.gov, which is the California website run by the Office of the Attorney General, Department of Justice. However, not every registered sex offender will appear on the Internet, because about 25 percent are excluded from public disclosure. Whether or not one’s information can be publicly disclosed is based on the specific sex crime that he or she was convicted of, as persons convicted of the “less serious” sex crimes may apply for exclusion. Included in that list is a person convicted of sexual battery who unlawfully restrained the victim.

California was the first state to enact a sex offender registration law, about 45 years ahead of most other states. It is also one of the toughest states on its intimate partner abuse offenders. With this being the case, it is imperative that one who is accused of a domestic sexual battery immediately hires a qualified criminal defense lawyer who is familiar with every aspect of a sexual battery case and can effectively implement all its defenses. The attorneys at the Kavinoky Law Firm have successfully defended countless individuals who were facing domestic abuse charges. An experienced, caring defense lawyer can answer any questions about a sexual battery charge or another California domestic violence during a free consultation.

Eyewitness accounts and their role in a stalking case charged under California’s domestic violence laws

Eyewitness accounts and their role in a stalking case charged under California’s domestic violence laws

In California, an individual who commits a crime against his or her intimate partner will face the charge as a domestic violence crime. Intimate partners share an intimate relationship or were once involved in an intimate relationship and can be heterosexual or homosexual partners. Examples include persons who are married, divorced, dating, formerly dating, living together and persons who have children together. If an individual maliciously follows or harasses and threatens his or her intimate partner, placing that partner in fear, he or she will likely be charged with stalking as a domestic abuse crime.

Stalking is a crime that may frequently go unnoticed by anyone other than the victim. The “stalker” may keep a low profile, making it so that only his or her intimate partner even sees him or her. When this type of situation occurs, it may be difficult for an unbiased eyewitness to come forward, as he or she wouldn’t likely be aware that a crime was even taking place. If, however, either the suspect or the suspect’s intimate partner was with someone when an alleged incident occurred, that individual could be called as a witness if an intimate partner abuse stalking charge was actually filed. If the stalking occurred in a very blatant manner, there could possibly be unbiased witnesses who would voluntarily speak to the police about what they witnessed who would then likely be called by the prosecution in a stalking trial.

Eyewitnesses can sometimes help reveal the truth behind a charge. Domestic violence usually characterizes a highly emotional, volatile relationship where the partners will more than likely have two different versions of events when any type of incident occurs. Eyewitnesses to an incident can therefore be very helpful in sorting out the real story. It should be noted, however, that although an eyewitness is simply supposed to share what he or she witnessed in an unbiased manner, this isn’t always the case. Many witnesses will offer to testify in an effort to help a friend, in an effort to hurt someone they don’t like or out of a sheer willingness to feel like they’re doing something important, even if they really didn’t see much or any of an event take place. This is why it is so important for the accused to hire a criminal defense lawyer who is savvy enough to judge a witness’s credibility and who excels in examination and cross-examination so that he or she can elicit the story that best defends his or her client.

The experienced attorneys at the Kavinoky Law Firm know how to turn any eyewitness, even a witness who was presented by the prosecution, into a witness who will ultimately help the defense. They have successfully defended countless individuals charged with stalking as an intimate partner violence crime because of their excellent witness preparation and examination skills. The aggressive attorneys will vigorously cross-examine a prosecution’s eyewitness, pointing out all of the discrepancies in his or her testimony to the judge and jury and will reveal why that that particular witness can’t be trusted. The hard-working Kavinoky attorneys will also take the time to thoroughly prepare any defense witnesses so that they understand what to expect once they take the stand and are comfortable answering questions from the attorneys representing both sides.

Eyewitness accounts in a D.V. stalking trial can help or hurt either side, depending on the strength of each attorney’s examination skills. The consequences of a DV stalking conviction are too severe to trust to an inexperienced attorney. The unparalleled attorneys at the Kavinoky Law Firm receive ongoing training in witness examination and cross-examination which has lead to their outstanding reputation. Keeping the jury in mind, they understand that sometimes a witness will require kid gloves and that sometimes a witness should be aggressively attacked. They are in it to win! If charged with stalking as a domestic abuse crime, please click here for a free consultation.

Emotional Abuse and its Role in a Relationship Affected by Domestic Violence

 

California’s domestic violence laws apply to all crimes that are committed against one’s child, one’s parent or one’s intimate partner. Intimate partners are people who are or were involved romantically and include spouses, former spouses, significant others, former significant others, people who live together or who used to live together and people who have children together. Although many different crimes can be charged as crimes of domestic violence, domestic violence will usually involve some type of emotional abuse.

Emotional abuse, also commonly referred to as psychological or verbal abuse, is a type of domestic abuse that, studies suggest, is even more harmful than physical abuse. It is thought to be widely underreported, because it is difficult to identify and/or prove, and because it is usually intertwined with other types of abuse.

Emotional abuse is perhaps so damaging because it can ultimately make a victim completely lose his or her self-esteem and believe that he or she is stupid, worthless and deserves the abuse. It takes place when an individual intimidates, threatens and/or harasses his or her intimate partner or other family member in an effort to gain control over that person. Some common forms of psychological abuse include shaming, mocking or criticizing another person, isolating that person from other people, destroying another’s personal property or pets in an effort to invoke fear in that person, blaming another for one’s own violent actions and issuing “blackmail-type threats” where an individual threatens to harm or kill him or herself, the intimate partner or their child/children. When a victim reacts to this type of verbal abuse, often with tears or apologies, the perpetrator will often further mock or ridicule the partner or other family member, which sends more messages to the victim that he or she is, in fact, useless.

As difficult as it may be to understand, many victims of emotional intimate partner abuse do not leave their partners. They have been conditioned to believe that they are in a hopeless situation, not worthy of another’s love and perhaps “too stupid” to make it on their own. The abuser makes his or her partner feel like that partner needs the abuser to survive and, in the honeymoon phase (one of the phases in the cycle of abuse), the perpetrator makes his or her partner believe that he or she is the one who can’t live without the abused partner. An emotional abuse victim who doesn’t leave his or her abuser may also suffer from a psychological condition known as “battered person’s syndrome” which serves as an explanation for why he or she suffers and doesn’t flee a destructive relationship. While battered person’s syndrome and the cycle of abuse primarily pertain to intimate partner relationships, emotional abuse will be defined as child abuse when directed at one’s child and can also be a type of elder abuse as well.

People who are repeatedly exposed to emotional abuse, regardless of whether they are adults or children will exhibit certain common symptoms or behaviors as a result. Emotional domestic abuse victims will usually suffer from extremely low self-esteem, may have difficulty trusting others or forming relationships with others, are fearful, anxious and depressed and may develop serious health problems. Children who are the victims of their parent’s emotional abuse will suffer from the above listed symptoms and will likely suffer a host of additional emotional, behavioral, developmental and academic problems. Studies reveal that emotionally abused children often either attempt suicide or commit suicide due to their feelings of worthlessness.

If any of this information sounds familiar, help is available. The experienced domestic violence attorneys at The Kavinoky Law Firm can counsel a victim of emotional abuse as to what his or her legal options are and will help an individual charged with an intimate partner abuse crime by providing the most comprehensive defense possible. Contact the criminal defense lawyers at The Kavinoky Firm today for a consultation.

Prior Convictions and Domestic Battery

Domestic battery is a California domestic violence offense that applies to intimate partners. The offense is also referred to as “spousal abuse” or “spousal battery.” Intimate partners include heterosexual or homosexual couples and those who are married, divorced, living together, have children in common, or are dating or formerly dated.

Battery is a “wobbler” offense, which means that it can be charged as either a misdemeanor or a felony depending on the facts of the individual case. When charged as a misdemeanor, battery carries a maximum of a one-year jail sentence and a $2,000 fine. Even the slightest force, or any unwanted touching, can result in a domestic battery charge. However, 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.

A four-year prison sentence is the maximum amount of prison time that a defendant convicted of domestic battery as a felony could possibly serve. The law says nothing about mandatory jail or prison time for an offender. If the accused has no prior criminal history, if this charge is his or her first domestic abuse charge or if the facts surrounding this allegation aren’t too horrifying, an experienced criminal defense lawyer may be able to convince a court to impose probation conditions that don’t include imprisonment.

However, if a defendant is convicted of domestic battery and has been previously convicted of this same charge, he or she will most likely be ordered to serve at least 48 hours in county jail. This is another reason why it is so important for an accused – especially an accused who has a prior battery conviction – to retain legal counsel who has experience dealing with California intimate partner abuse cases. Without a competent attorney, a defendant will definitely serve the mandatory time in jail upon a second conviction. However, a skilled defense attorney will aggressively defend his or her client by arguing that imprisoning the defendant does not serve the best interests of justice. He or she further knows what facts and circumstances will help convince the judge accordingly.

Unfortunately, the judge is not the only one who hears about the defendant’s prior domestic violence convictions. While most criminal cases exclude prior conduct from evidence, domestic abuse crimes are an exception. Evidence of the defendant’s prior acts of intimate partner violence are admissible against the accused in a jury trial. This means that a jury will be allowed to hear that the accused has committed similar offenses in the past and, as a result, they are likely to conclude that he or she did so again.

When facing a domestic battery charge – especially when one has a history of prior domestic abuse – it is imperative to hire a qualified criminal defense attorney who is not only familiar with all of the issues that frequently arise with this charge, but who is also familiar with all of the issues that prior acts of domestic violence raise. The attorneys from The Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner abuse charges. They receive ongoing education and training in this specific area of the law, which is directly responsible for their outstanding results. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best! Click here for a free consultation and for the best representation.

Eyewitness Accounts in a Domestic Battery Case

Domestic battery, which is sometimes called “spousal abuse” or “spousal battery,” is a domestic violence offense that applies to intimate partners in California. Intimate partners aren’t limited to married couples; they may be heterosexual or homosexual and could be divorced, living together, have children in common, or be dating or were formerly dating.

Anyone who willfully and unlawfully uses force or violence upon an intimate partner can face a battery accusation, which is typically charged as a misdemeanor and carries a maximum of a one-year jail sentence and a $2,000 fine. A defendant can be charged with this offense even if he or she used only the slightest force. Any unwanted physical contact can result in a battery charge. However, if the accuser suffers a serious injury, such as a broken bone, the battery will rise to a felony, which carries a maximum of four years in state prison.

Because of the intimate nature of domestic abuse, most violent situations occur outside the presence of witnesses. As a result, many battery cases are based on “he said, she said” allegations. Eyewitnesses, therefore, play a vital role in helping to prove or disprove an alleged victim’s charge of abuse.

An eyewitness’s job is to tell the judge and/or jury what he or she saw with no inherent bias. Easily said, rarely done. Eyewitnesses almost always have a bias either for or against one of the parties, depending on his or her relationship with each. As a result, the truth generally gets lost in translation.

Because both attorneys have an equal opportunity to examine a witness, witnesses essentially testify for both parties. A skilled criminal defense lawyer knows how to take an eyewitness who is presented by the prosecution and turn him or her into a witness who ultimately helps prove the defendant’s version of the events. Similarly, a good defense attorney will invest time in preparing an eyewitness that he or she intends to “put on the stand” in order to try to make that witness as comfortable as possible with respect to answering questions from both lawyers.

Domestic battery cases are usually based on a highly charged, emotional incident that unfortunately took a turn for the worse. This means that even if there was an eyewitness to the incident, that individual may not have witnessed all the events that led to the charged incident and may not have the accurate back-story on what took place before the charged incident. It is the attorney’s job to make sure that this type of information gets relayed to the jury. The experienced attorneys at The Kavinoky Law Firm have successfully defended countless individuals who faced battery charges. They are familiar with all aspects of California’s intimate partner abuse laws and know how to skillfully examine witnesses in ways that are beneficial to their clients. In conjunction with their private investigators, the attorneys not only interview all witnesses but also check each witness’s criminal history to uncover any past conduct that could be considered relevant in weighing the credibility of that witness. A knowledgeable attorney will effectively cross-examine witnesses in a battery case to bring out and highlight discrepancies in their accounts that may otherwise be overlooked.

An eyewitness could potentially be the “kiss of death” to a defendant facing a domestic abuse charge. When facing a battery charge (especially when there was an eyewitness), it becomes even more critical for the accused to hire an attorney who is competent and experienced in handling witness preparation and who excels in cross-examination. The attorneys at The Kavinoky Law Firm know how to handle various witnesses under a variety of circumstances. Keeping the jury in mind, they know when it is appropriate to examine a witness with care and compassion and they know when it is appropriate to “take the gloves off” to aggressively attack. They are in it to win for their client! Don’t hesitate to contact them today. Click here for a free consultation and for the best representation.

Stay Silent

Stay Silent

A California domestic violence conviction can bring probation, heavy fines and even a jail or prison sentence. Because California is so strict with domestic violence offenders, it’s critical to contact a skilled California criminal defense lawyer immediately after an arrest to protect a suspect’s rights during questioning. An experienced attorney from The Kavinoky Law Firm knows how to effectively do just that. The attorney will help ensure that only appropriate questions are answered and that the answers given are in the best interests of the accused.

When arrested on any criminal charge, the arrested party has the “right to remain silent” so as not to incriminate oneself. This is commonly referred to an individual’s “Miranda rights”. Miranda rights are supposed to be read to anyone that the police question during a custodial interrogation. A custodial interrogation means that the individual being questioned doesn’t feel free to walk away or leave during the questioning. Miranda rights basically inform the suspect that he or she has the right to remain silent and that any words spoken may be used against him or her as evidence of guilt at trial.

Exercising one’s right to remain silent or to obtain legal counsel, cannot be held against the accused court. When an officer begins questioning the suspect, it is crucial that the suspect politely informs the police that he or she will not make any statements until his or her criminal defense lawyer is present. Because California takes intimate partner abuse so seriously, having an experienced criminal lawyer protecting the accused’s rights during questioning can make all the difference in the outcome of the trial. A well-trained attorney knows how to intervene during questioning to make sure that his or her client does not answer any questions that will only elicit incriminating responses and also knows how to make sure that the client’s side of the story is told.

Although Miranda rights advise a suspect that any statements that he or she makes from that point on may be used against him or her, the fact is that any previous statements made by the suspect may also be used against the individual in court. One of the most important things that a suspect can do is to remain silent from the moment the police arrive. Assume that everything is either being audiotaped or recorded on video even if there is not a visible recorder. Many times police have undetectable microphones and/or video recorders and everything that a suspect says or does is recorded. Remain silent at all times, even if there is no one else around, until an attorney is present.

California has tough domestic violence laws that include a variety of offenses. These offenses used to be charged only when there was a dispute between married couples or parents of a child. However, the laws have expanded to include disputes between any intimate partners – cohabitating couples, former spouses or fiancés/fiancées, people who are or were dating, people who have children together, and same-sex partnerships. It is the very nature of these relationships that give rise to highly charged, emotional disputes that can, unfortunately, sometimes spiral out of control. It is imperative that when this happens, the accused hires a competent attorney who can immediately begin defending him or her during an interrogation. A qualified, experienced attorney from The Kavinoky Law Firm will guide the defendant through all phases of the criminal court process and will ultimately make sure that the judge and/or jury not only hear the accused’s side of the story, but believe it as well. Click here for a free consultation.