California is very strict with its child abuse offenders and holds people who place their children in dangerous situations accountable in the same manner as it does people who directly abuse their children. Child endangerment may be charged as a California domestic violence crime under one of two theories. In the first instance, a child endangerment charge may be filed when a child is a witness to domestic abuse between his or her parents. It is defined as the abuse that a child suffers while witnessing such an event. In the second instance, a child endangerment charge may be filed when one’s child is placed in a situation where he or she is likely to suffer a serious injury or death, regardless of whether the child actually suffers such an injury, when one permits or causes his or her child to be injured, or when once causes or permits his or her child to be in a situation where the child’s body or health may be endangered. This second area of prosecution has no bearing on whether domestic abuse was occurring in the home, but rather will be treated as a crime of domestic violence simply because the perpetrator was a parent of the child.

Child endangerment manifests itself in a number of ways and may be caused by physical abuse, emotional abuse or neglect. In effect, it is basically any reckless or negligent behavior on the part of a parent that places his or her child’s well-being in jeopardy. Child endangerment is an escalating problem, and the legislature is quick to respond as they continue to update laws, not only to punish offenders with stricter penalties, but to crack down on parents by defining more ways to hold them criminally responsible for their negligent and/or reckless behavior.

Some of the most commonly prosecuted D.V. child endangerment charges include parents driving under the influence of drugs and/or alcohol with their children in the car, parents getting drunk or high while their children are home with no additional supervision, parents entrusting their children to unfit caregivers, parents exposing their children to “meth labs” or other places that engage in illegal or “adult only” activities, parents leaving their children who are too young to care for themselves home with no adult supervision, and parents who expose their children to pornography, sexual activity, and unsecured firearms.

An individual facing child endangerment charges will almost always face the following penalties and, depending on whether an additional intimate partner abuse crime is filed, may face even more. If convicted of child endangerment as a misdemeanor, the defendant faces up to one year in jail, and if convicted of the charge as a felony, the defendant faces two, four or six years in the state prison. In addition to jail or prison time, if a convicted offender is placed on probation, he or she will be on probation for at least four years, will have a criminal protective order issued against him or her to protect his or her child from further abuse, will be required to successfully complete at least one year in a child abuser’s treatment counseling program and, if drugs or alcohol were involved in the alleged offense, the defendant will also be required to abstain from using alcohol or drugs while on probation, will be subject to random testing and may additionally be required to complete a drug and/or alcohol dependency program.

Defense Attorneys for Child Abuse Law

The experienced criminal defense lawyers at the Kavinoky Law Firm specialize in California domestic violence crimes and in successfully defending those individuals charged with child-related offenses. They pride themselves on keeping current in this special area of the law and on the many evidentiary issues and defenses that coincide with DV offenses. To speak to an attorney about a child endangerment charge, click here for a free consultation.

Infliction of injury, more commonly called “spousal abuse,” is a California domestic violence crime that applies to intimate partners. These partners may be married or divorced, living together or formerly living together or have children in common. The laws apply to both heterosexual couples and same-sex partnerships. If an individual willfully inflicts any injury, no matter how minor, upon the body of an intimate partner, he or she can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000.

Even though an individual faces up to four years in prison for committing this crime, an experienced criminal defense lawyer may arrange it so that his or her client never spends a day in a cell. The outstanding attorneys at The Kavinoky Law Firm specialize in California domestic abuse law. They know the intricacies involved in sentencing, and as a result, can effectively fight to keep their clients out of jail or prison.

Alternative sentencing is just that – an alternative to incarceration. When properly utilized, alternative sentencing can be even more effective than jail or prison, as it usually has some rehabilitative element to it, as opposed to straight punishment. When an individual is rehabilitated, it not only benefits that particular person, but his or her family, the courts and society as a whole.

There are several factors that a judge may consider when hearing a defense attorney’s recommendation for alternative sentencing. An attorney will usually address any mitigating or extenuating circumstances that were involved in the defendant’s case, whether alcohol or drugs played a role in the charged incident and whether the accused suffers from mental illness. Because every person and every case is different, an experienced lawyer will know what facts and circumstances are relevant to his or her client’s case and which are likely to persuade a judge that alternative sentencing is appropriate.

In an infliction of injury case, there are several options that may be imposed as an alternative to jail or prison time. The attorneys at The Kavinoky Law Firm will aggressively advocate on behalf of their clients to ensure that alternative sentencing is imposed when appropriate. These options include probation, either formal or informal, house arrest, electronic monitoring, community service or labor, individual or group therapy for issues dealing with drugs, alcohol and/or other addictive behaviors, and making restitution to the victim when possible. Although this list is not exhaustive, it includes the most popular alternatives to serving time.

When arrested on an infliction of injury charge, the defendant faces life-changing consequences. His or her family, reputation, career and freedom are all in jeopardy, especially if sentenced to a significant jail or prison term. Unfortunately, many attorneys don’t know that alternative sentencing is available. Speaking with a qualified criminal defense lawyer is the safest way to ensure that the possibility of losing it all doesn’t become a reality. The attorneys at The Kavinoky Law Firm receive ongoing education and training in intimate partner abuse law and its penalties, keeping them ahead of the competition. Their reputation for treating their clients with compassion and respect is only surpassed by their success rate. One’s freedom is too important to trust to an inexperienced attorney. Click here for a free consultation and for the best representation.

Prior Convictions and Infliction Of Injury

Willful infliction of injury, sometimes called spousal abuse, is a California domestic violence crime involving intimate partners. These partners may be married, divorced, separated, living together currently or in the past, or have children in common. The laws apply to both heterosexual couples and same-sex partnerships. An individual who willfully inflicts an injury, regardless of the severity, upon the body of an intimate partner can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000.

However, if the defendant facing an infliction of injury charge also has prior domestic abuse convictions, his or her sentence may rise to five years in prison and a $10,000 fine. This is because California has a seven-year “washout” or “look-back” period for domestic violence convictions. This means that before a court will sentence a defendant who has been convicted of this crime, it will look back at the last seven years of the defendant’s criminal history for specific prior convictions. It should be noted that convictions outside of the seven-year period may also factor into a judge’s sentencing decision, but they do not automatically enhance the sentence as they do when the conviction lies within the seven-year period.

The crimes that apply to this seven-year period include battery (whether or not the victim actually sustained serious bodily injury), “spousal” battery which is actually a misnomer, as it applies to intimate partners as defined above and also includes partners who are or were dating, sexual battery, assault with chemicals or flammable substances, assault with a stun gun or taser, and assault with a deadly weapon.

Any person who is convicted of infliction of injury within seven years of one of the above listed crimes (with the exception of spousal battery) will face an additional year in county jail or state prison and an additional $4,000 in fines above the maximum sentence allowed for a first time offender. A prior conviction of spousal battery carries the additional fine enhancement but no additional prison time. The bottom line is that a repeat domestic abuse offender can face a total of up to five years in prison and a $10,000 fine. Additionally, a defendant who has one prior conviction within the seven-year period must serve at least 15 days in the county jail, and two or more prior convictions within the timeframe will result in a minimum of 60 days in the county jail.

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.

Clearly, an accused facing an infliction of injury charge who has prior assault and/or battery convictions is in severe jeopardy of losing his or her job, family and freedom. However, there are many effective defense strategies in domestic abuse cases. Altercations between intimate partners are emotional, highly charged incidents that can be interpreted in more than one way. A skilled criminal defense lawyer knows that there are at least two sides to every story, and will ensure that the defendant’s version of events is considered by the judge and jury.

California domestic abuse laws are extremely complex, so it’s critical to have an attorney who is experienced in this technical area of the law. The attorneys at The Kavinoky Law Firm are highly trained and well versed in California domestic violence law and have successfully defended countless individuals from the devastating consequences that these laws impose. Click here for a free consultation.

Alternative Sentencing with a Sexual Battery Conviction

Sexual battery is a California domestic violence offense that can result in jail or prison time if the defendant is convicted. Even though an individual faces up to four years in prison for committing this crime, an experienced criminal defense lawyer may arrange it so that his or her client never spends a day in a cell. The outstanding attorneys at the Kavinoky Law Firm specialize in California domestic abuse law. They know the intricacies involved in sentencing and, as a result, can effectively fight to keep their clients out of jail or prison.

Sexual battery can be charged against any intimate partner – heterosexual or homosexual, married, divorced, living together, have children in common, or dating or formerly dating. If a person touches an intimate part of his or her intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse, he or she may be charged with sexual battery as a misdemeanor.

Touching can include even slight physical contact, whether it occurs directly, through the clothing of the accused, or through the clothing of the defendant. This offense can be charged even against a partner involved in an ongoing relationship. Misdemeanor sexual battery with no aggravating circumstances carries a maximum of six-month in jail and a $2,000 fine. However, if the touching takes place while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence may increase to a maximum of one year or the crime may rise to a felony, punishable by a maximum of four years in the state prison and a $10,000 fine.

Alternative sentencing is just that – an alternative to incarceration. When properly utilized, alternative sentencing can be even more effective than jail or prison, as it usually has some rehabilitative element to it, as opposed to straight punishment. When an individual is rehabilitated, it not only benefits that particular person, but his or her family, the courts and society as a whole.

There are several factors that a judge may consider when hearing a defense attorney’s recommendation for alternative sentencing. An attorney will usually address any mitigating or extenuating circumstances that were involved in the defendant’s case, whether alcohol or drugs played a role in the charged incident and whether the accused suffers from mental illness. Because every person and every case is different, an experienced lawyer will know what facts and circumstances are relevant to his or her client’s case and which are likely to persuade a judge that alternative sentencing is appropriate.

In a sexual battery case, there are several options that may be imposed as an alternative to jail or prison time. The attorneys at the Kavinoky Law Firm will aggressively advocate on behalf of their clients to ensure that alternative sentencing is imposed when appropriate. These options include probation, either formal or informal, house arrest, electronic monitoring, community service or labor, individual or group therapy for issues dealing with drugs, alcohol and/or other addictive behaviors, and making restitution to the victim when possible. Although this list is not exhaustive, it includes the most popular alternatives to serving time.

When arrested on a sexual battery charge, the defendant faces life-changing consequences. His or her family, reputation, career and freedom are all in jeopardy, especially if sentenced to a significant jail or prison term. Unfortunately, many attorneys don’t know that alternative sentencing is available. Speaking with a qualified criminal defense lawyer is the safest way to ensure that the possibility of losing it all doesn’t become a reality. The attorneys at the Kavinoky Law Firm receive ongoing education and training in intimate partner abuse law and its penalties, and can provide a free consultation. Their reputation for treating their clients with compassion and respect is only surpassed by their success rate. One’s freedom is too important to trust to an inexperienced attorney.

Sexual Battery Penalties

Sexual battery is a charge that can be brought in California domestic violence cases involving intimate partners. Under California law, every type of relationship can be considered an intimate partnership, including couples who are heterosexual and homosexual and who are married, divorced, living together, have children in common, 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 can face a misdemeanor sexual battery charge. Even a partner involved in an ongoing relationship can face a sexual battery charge. “Touching” can include any physical contact – no matter how minor – even if it occurs through the clothing of either individual.

Misdemeanor sexual battery with no aggravating circumstances carries a maximum penalty of six months in jail and a $2,000 fine. However, if the touching takes place while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence may increase to a maximum of one year or the crime may rise to a felony, punishable by a maximum of four years in the state prison and a $10,000 fine.

Although the penalties just described list the maximum amount of prison time and the highest fine that a first-time offender faces, it is not a complete list of the penalties that ultimately face the accused. Furthermore, aggravating factors (facts that surround the charged incident that make the incident seem even worse) and/or a prior sexual battery conviction will likely invoke an even stiffer sentence.

If the defendant is placed on probation (which is usually the case), it will remain in effect for at least three years. There are certain mandatory terms of probation with respect to any California intimate partner abuse crime and include the booking process if the defendant wasn’t booked upon arrest, issuance of a criminal protective order against the defendant, the offender’s participation in a batterer’s class and an additional fine payable to specific domestic violence funds.

One of the most devastating penalties that one convicted of sexual battery faces is registration as a sex offender. Registration is for life, has many requirements, and if those requirements aren’t met, the convicted faces additional penalties, including additional time in jail and/or prison. A defendant convicted of sexual battery will also be required to pay an additional $200 – $300 fine for committing the offense, which will be paid to the Department of Justice.

A conviction for sexual battery may also bring professional licensing restrictions. Under California law, a licensing board may suspend or revoke a professional 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. This means that a conviction could potentially end an individual’s career.

Finally, an individual may not only be charged criminally for sexual battery, but may be sued in civil court for the abuse as well. In a civil court, a person who is found liable for committing this wrong is subject to additional heavy fines and a civil protective order but cannot be sentenced to jail or prison.

With such devastating consequences, it is imperative that an individual who has been arrested on a sexual battery charge hires a qualified attorney who is familiar with all of the defenses that apply to this crime. The attorneys from the Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner violence charges.