Professional Licensing Restrictions and Domestic Battery

Domestic battery, also called "spousal battery" and "spousal abuse," is a California domestic violence offense involving intimate partners. The term "intimate partners" can include individuals who are heterosexual or homosexual, who are married, divorced, living together, have children in common, or who are dating or were formerly dating.

Under California law, domestic battery is a "wobbler," which means that the offense can be charged as either a misdemeanor or a felony depending on the facts of the case. Willfully and unlawfully inflicting force or violence upon an intimate partner is typically charged as misdemeanor battery and carries a maximum penalty 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. Any unwanted physical touching could lead to a battery charge.

However, if serious bodily injury occurs, such as broken bones, loss of consciousness or a concussion, the offense likely will be charged as a felony punishable by a maximum of four years in state prison.

When an individual is convicted of this domestic abuse crime, there are several mandatory penalties that will be imposed, and other penalties that may be imposed. One of the possible consequences that a defendant convicted of battery may face is a restriction on his or her professional license.

Under California law, a licensing board may suspend or revoke a license if the license-holder has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. It does not matter whether the conviction was the result of a jury trial, a Guilty plea, or a No Contest plea. This suspension or revocation may take place once the defendant is placed on probation, once the conviction has been affirmed on appeal, or once the timeframe within which to file an appeal has ended. In addition, there are several professional licensing boards that maintain their own standards and practices related to disciplining their license-holders that may be even more restrictive.

In order to defend against a professional license restriction, it is very beneficial to have an attorney to argue against its application. An attorney has the knowledge and available resources to articulate why a domestic battery conviction (under most circumstances) is not substantially related to the "qualifications, functions, or duties" of the defendant's job. In addition, the skilled attorney will recognize when the defendant's employer is unlawfully imposing such a restriction in an effort to inappropriately fire their otherwise competent employee.

If either facing a battery charge or if recently convicted of the charge, hiring an experienced, knowledgeable criminal defense lawyer to help guard against a conviction and/or a possible professional license restriction is by far the smartest defense strategy. The skilled attorneys at The Kavinoky Law Firm have successfully defended countless individuals who have been charged with intimate partner abuse and have helped them keep their families, careers, freedom and dignity intact. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best! To discuss a potential professional licensing restriction, or any other legal matter, click here for a free consultation.