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.

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

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.