Category: Domestic Violence

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Another NFL Player Domestic Violence Arrest

Sadly, it comes as no huge surprise another NFL football player was arrested for domestic violence.  For some time now, domestic violence has been an increasing problem for the National Football League (NFL). Many advocates to reduce the amount of violence claim the professional football teams are not doing enough to penalize players accused of violence off the field.

Due to this pressure, and significant amount of publicity with violent crime and the NFL, the National Football League recently updated their personal conduct policy to try and address some of the criticism. However, domestic violence by players continues to plague the sport today.

Ray McDonald Dropped from the Bears

The Chicago Bears released Ray McDonald after arresting him on domestic violence charges in Santa Clara, California. McDonald was a major part of the Bears defense strategy for the season, but after this arrest, they chose to let him go.

Police arrested the 30-year-old defensive end after he allegedly assaulted a woman inside his apartment. The incident took place sometime before 4 a.m. on a Monday morning. According to police reports, McDonald allegedly broke down a bedroom door to get to his former fiancée and their infant child.  when the police arrived, McDonald was not on the scene.

The Santa Clara police department issued McDonald a restraining order for the protection of his fiancée and child.

However, on Wednesday, police arrested McDonald for a second time in a week for violating the restraining order.

Santa Clara detectives found him in a Togo’s sandwich shop in Santa Clara and booked him in a San Jose jail. He reportedly made bail, for $5,000. According to his attorney, they did not know about the restraining order.

A History of “Poor Decision Making”

This wasn’t the first time the defensive lineman was in trouble with the law. This was his third arrest in 9 months. In August 2014, police arrested McDonald on suspicion of domestic violence. In December of the same year, he was arrested for alleged sexual assault. McDonald defended the sexual assault claims as being consensual and filed a defamation suit. Although the victim did not file criminal charges, the 49ers dropped him from the team, citing “a pattern of poor decision-making.”

Then, the Bears picked him up. Despite his past arrests, based on a solid conversation, the team trusted he would behave. This did not happen. According to the team General Manager, Ryan Pace:

Bears Tweet 1Bears Tweet 2

Revised Personal Conduct Policy

In late 2014, the NFL teams introduced a revised Personal Conduct Policy. Aimed at addressing domestic violence and sexual assault, the NFL put their heads together to bring about new order . The hope is this new policy will increase accountability and decrease criminal acts. The policy includes funding for counseling of victims as well as violators as well as provides guidelines for independent investigative procedures.

Unfortunately, even with increased penalties, NFL players continue to break the law. The San Diego Union-Tribune keeps a running tally of arrests and citations involving NFL players. There are exactly 38 recorded arrests for crimes more harmful than a speeding ticket in 2015 alone.

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Some Forensic Science Found to be Less Than Scientific

A Test of Bad Forensic Science

Before the advent of DNA testing, U.S. law enforcement relied on a number of different bad forensic science techniques to connect people to crimes. Such as, handwriting samples, microscopic hair analysis, and even bite marks. As may be expected, some of these sciences are not always completely accurate.

Recently, the FBI teamed with the Department of Justice (DOJ), the National Association of Criminal Defense Lawyers (NACDL), and the Innocence Project. The teams released an announcement that they concurrently and separately reviewed microscopic hair analysis cases. The result of these cases is disconcerting. In fact, it’s downright alarming.

A Difference of Opinion

According to the FBI’s press release:

“FBI microscopic hair analysts committed widespread, systematic error, grossly exaggerating the significance of their data under oath with the consequence of unfairly bolstering the prosecutions’ case.”

As Slate Magazine so aptly puts it: “The FBI faked an entire field of forensic science.” The result is, according to University of Virginia law professor Brandon L. Garrett, a “mass disaster.

The “faked,” or bad forensic science involved microscopic examinations of hair found at the scene of a crime, as well as the hair of a suspect. In fact, this was a common practice of law enforcement for nearly thirty years. That is, until 2000, when the FBI started examining full DNA rather than just the hair itself. The DNA analysis works much better.

In reality, the microscopic hair examination technique barely worked at all, if ever. Even the Committee on Identifying the Needs of the Forensic Science Community called the practice “highly unreliable.” Nonetheless, FBI forensic experts commonly testified in trial that the technique not only worked, but was enough to prove a suspect’s guilt.

Too Many Defendants

According to the FBI’s own report, too many scientists miscalculated the results. Twenty-six out of twenty-eight forensic scientists in the microscopic hair comparison unit “overstated forensic matches in ways that favored prosecutors.”

After examining hair found at a crime scene, the scientists compare it to a suspect’s hair in a lab. Upon finding similarities between the two, the forensic scientists often claimed the hairs matched. Unfortunately, these findings made their way to their expert witness” testimony during trial.

This similarity/match testimony happened at a staggering rate. Of the cases that the FBI reviewed to date, 90% of the cases apply. This affected 284 defendants at their trials. This is poor, bad forensic science.

Many of the convicted defendants privy to the unfortunate microscopic hair analysis are serving jail time for felony offenses. For some, the impact was irreversible. According to the FBI’s press release,

“defendants in at least 35 of these cases received the death penalty and errors were identified in 33 of those cases… Nine of these defendants have already been executed.”

The FBI is taking steps to right their wrong. They are notifying affected defendants and allowing federal defendants to make appeals. Normally, this type of practice is not allowed in federal court. However, most of the defendants in question received state court convictions. It is now up to the states to allow these cases to reexamine these cases.

The Kavinoky Law Firm is closely monitoring the situation in California. If you believe bad forensic science practices impacted your freedom, speak with a criminal defense attorney at 1.800.NO.CUFFS. all 24/7, 7 days a week, 365 days a year.

Domestic Violence Accusations and Defense in California

domestic violenceDomestic violence is sometimes called domestic abuse or intimate partner abuse. Under California law, it involved a broad range of legal violations. These include:

  1. Causing or attempting to cause bodily injury, and/or
  2. Sexual assault.

Perpetrators of Abuse

In these cases, the recipient of the violence may or may not fall into a specific category. Such categories may include such relationships as a:

  1. spouse,
  2. former spouse,
  3. relationship partner (person one is dating),
  4. cohabitant (person with whom one is living),
  5. former cohabitant (person with whom one used to live), and/or
  6. person with whom one had a child.

Domestic violence (DV) can involve physical injury, or another consideration includes threatening words.

The legal definition of an “intimate partner” for purposes of DV includes husbands or wives, boyfriends or girlfriends, and same-sex partners. Therefore, any intimate partner, no matter the sex, can be a victim of domestic abuse. The law is very broad in terms about the relationship that gives rise to domestic violence.

What is Abuse?

Similar to “intimate partner,” the term “abuse” is also very broad.

Each of the following actions, among others, can lead to prosecution for domestic violence or intimate partner violence:

  • hitting,
  • slapping,
  • punching,
  • kicking,
  • threatening with or without a weapon,
  • hitting with an object,
  • hair pulling,
  • burning,
  • cutting,
  • biting,
  • stabbing, and/or
  • stalking

Given these points, keep in mind, there is no scale for pain or abuse. No matter how slight the physical touching, the perpetrator of the action is still eligible for prosecution. Some types of domestic violence charges do not even require any physical touching.  In fact, stalking or criminal threats do not involve touch (Penal Code section 422).

California Penal Code Convictions

California Penal Code section 273.5 is the most frequent domestic violence crime.

This penal code section provides that anyone who willfully inflicts injury on a spouse, former spouse, or certain other people is guilty of a felony.  Of course, Penal Code 273.5 is explicit that the injury may be either minor or serious in nature, so long as it is caused by physical force.  The punishment for those guilty of violating this crime includes up to one year in county jail. Moreover, the perpetrator may face even up to six years in state prison. Additionally, a conviction for someone who has had prior domestic violence conviction means even more time.

Prosecution of DV cases involves a very serious approach. Moreover, the cases often find their way to the District Attorney’s desk. These attorneys specifically handle domestic violence cases and likewise carry intense knowledge.

Your intimate partner does not decide whether or not to press charges in a domestic violence case in California. Once the police are involved in the domestic violence situation, you and your intimate partner no longer have the choice of whether or not to prosecute. The decision of whether or not to file criminal charges in a domestic violence case is up to the prosecutor alone. He or she will decide whether or not to bring the domestic violence charge. It is incorrect (and dangerous) to believe that the DV victim has the power to press charges or not; once law enforcement is involved, it is out of their hands.

California Domestic Violence Defense Attorney

No matter what charges you are currently facing, a skilled California criminal defense attorney can help. There are defenses for every criminal charge. In most cases, these domestic violence charges are based on one person’s word.

A domestic violence criminal defense lawyer understands that there are two sides to every story. This lawyer can help you gather evidence and proof for your side of the story. Do not think that these charges are hopeless. Speak with an experienced criminal defense attorney today to learn how you can save your reputation and keep your record clean.

Do not hesitate to call on criminal defense lawyer Darren T. Kavinoky if you would like a FREE case evaluation.

Domestic Violence and Divorce in California

Domestic violence accusations are common during a divorce. Some are accurate, some are less than accurate.

22% of divorces today end due to a claim of violence in the relationship. Additionally, 3 million women a year are victims of partner abuse. With this consideration, however, some partners make exaggerated or misleading claims of violence. Unfortunately, some see these claims as a way to gain advantage in divorce and/or custody proceedings.  Many partners lose access to their children as a result of false domestic violence charges. However, with an expert criminal defense attorney on your side, so shall the truth be with your case.

Domestic violence accusations can majorly impact divorce proceedings. Regardless if it is an allegation, arrest or conviction, accusations are impactful.  This is true particularly when it comes to child custody issues. This is a serious danger for all partners processing divorce. However, it is especially harmful for those in the military. A conviction of domestic violence during a divorce will affect child custody and the outcome of a divorce. Unfortunately, it can also cost military personnel their jobs.

While domestic violence is a real issue in many divorce cases, sometimes the accusations are false.

Divorcing couples are often involved in messy disputes. Some cases lead to an angry spouse claiming abuse out of frustration. If you believe you’ve been falsely accused of spousal abuse, do not wait. It’s crucial to seek the help of a qualified legal counsel who will work to protect your rights.

Protective Orders

Also referred to as restraining orders, protective orders are popular grants during a divorce. If granted, a partner may not be able to see his/her children. The accused is likely not able to enter his/her own home or visit his/her children. In some cases, those with restraining orders against them may also find themselves with additional responsibilities. He or she may need to attend counseling or anger management classes.

A parent with a restraining order against him or her will likely have a difficult time fighting for custody and visitation rights to his children. In some cases, restraining orders may last for several years after the divorce. If a partner violates an active protection or restraining order, he can go to jail.

Criminal Charges

An arrest for domestic violence in the state of California may result in criminal charges. A conviction on your record can affect you for years to come. The safest course of action for men accused of domestic violence is to remain calm and obey all restraining orders for the time being. If the accused respects the boundaries of the restraining order, there is hope to drop the charges. Of course, if an expert criminal defense attorney proves the allegations are false, the restraining order is no longer valid.

Domestic Violence Act

As a man with false allegations of domestic violence made against you, it’s imperative that you understand the Domestic Violence Act. Implemented in 1979, the act defines what constitutes domestic violence. According to the legislation, domestic violence is defined as “attempts to cause or intentionally causing bodily injury, and placing a person in fear of ‘imminent serious bodily injury’ by threatening the use of force.” Under the act, it’s easy for women to make false allegations but, with the right criminal defense, you may be able to prove your innocence and protect your rights.

Domestic violence charges can result in severe legal consequences for defendants, including eviction, heavy fines and legal fees, and a permanent mark on your criminal record. Additionally, these charges can affect alimony and child custody. Some courts prevent parents with a history of physical abuse from visiting their children, even under supervision. Some of the normal privileges you’ve grown accustomed to throughout the years may be taken away from you as a result of a false domestic violence charge.

Don’t Fight Alone

During a divorce, things can get ugly. Don’t fight this battle alone. If you find yourself standing on the wrong side of a restraining order, call The Kavinoky Law Firm. We hire only the best attorneys in Los Angeles. We work around the clock to protect your rights. 1.800.No.Cuffs is the number to remember but hope you never need.

Drug Expungement

drug expungementDrug expungement is a popular option for those who worry about life after conviction. It’s not a perfect solution for everyone, but it’s a great option to consider. An experienced criminal defense attorney can help you work towards expungement.

A drug charge may keep you from living your life the way you desire. From getting a good job and earning more money to purchasing a home, criminal convictions are no fun. Today, more than 80 percent of employers conduct background checks. Consequently, in today’s volatile job market, a drug charge can make job hunts a challenge. Even if you pass a drug test, the challenge persists.

Expungement refers to the process of sealing arrest and conviction records. Once an arrest is no longer on your record, potential employers or landlords have the right to its disclosure. In turn, it’s relatively easy to expunge your California criminal record. If you are eligible, your record can be clear very quickly.

Expungement Eligibility

There are certain entry requirements to meet if you’re looking for a drug expungement. The list is as follows:

  1. Any mandatory drug treatment is complete,
  2. Probation is complete, and
  3. Any other punishments related to the drug charge completed.

If you meet all of the above requirements, you are eligible for expungement in California. This process, if approved will set your conviction aside or dismissed entirely.

Once California releases your conviction, the crime is no longer on your record. As a result, you’re free from all penalties and disabilities resulting from the conviction. Additionally, you don’t have to answer ‘yes’ on criminal history questions on job applications. Truly, it’s as if the crime did not happen.

Other Rights After Expungement

Although a conviction disappears via expungement, not all rights are the same after a conviction. Regardless of expungement, some rights are revoked indefinitely.

One example is the right to possess a firearm. This right will not restore after expungement. Additionally, you must disclose your criminal history in any application for public office or a position as a peace officer. You must also disclose it for licensure by any state or local agency, or when contracting with the California State Lottery. Lastly, you must disclose when serving on a jury.

Keep in mind, your disclosure should not hurt you. Legally, the disclosure of a conviction cannot in any way result in the denial of employment or benefits.

Denial of Expungement

Certain convictions are not eligible for expungement consideration. Firstly, you may not expunge your conviction if you served your sentence in state prison. Also, depending on the severity of the crime, some just may not be up for clearance. Under California state law, some crimes are more heinous than others. These crimes include serious sex offenses committed against children. Additionally, in some cases, murder and other violent crimes are not eligible.

Expungement Process

Before the court will grant you a drug expungement, there are several steps you and your criminal defense attorney must follow. These include:

  1. Analyzing the case to determine you are eligible for an expungement,
  2. Performing legal research regarding the current and relevant law,
  3. Filing the appropriate paperwork within the proper time frames, and
  4. Attending the hearing in court.

Even if you follow these steps, and the judge grants you a drug expungement, there may still be limitations as to what an expungement can do for you. Expunged convictions can still be used as prior convictions in order to enhance sentencing for future crimes, and can be used as a ‘strike’ for the purposes of California’s three strikes law.

In most cases, juvenile offenders and those who have been arrested or convicted for drug crimes may have an easier time expunging their criminal history. It’s important to note that possession of marijuana for personal use should automatically be erased from your criminal record after two years – this does not apply to convictions for growing, selling, or transporting marijuana.

Hire a Lawyer 

The Kavinoky Law firm hires the best criminal defense attorneys in California. Our excellent and experienced attorneys work hard to fight for their clients’ rights. If you find yourself on the wrong side of the law, call 1.800.No.Cuffs for a free consultation. 

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Child Sexual Abuse as a California Domestic Violence Crime

Child Sexual Abuse as a California Domestic Violence Crime

In California, domestic violence laws apply to all crimes that are perpetrated against one’s child. It therefore follows that a parent who sexually abuses his or her child will be prosecuted as a domestic abuse offender and will consequently face certain consequences in addition to the punishment normally imposed for the specific sex crime committed.

Child sexual abuse is defined as any activity with a child done for the purpose of sexual gratification. It includes, but is not limited to, sexual touching, intercourse, asking a child to expose his or her sexual organs and exposing a child to pornography. It affects families from every social, economic and ethnic background and is a definite problem in this country. While the majority of reported offenders are male, women have been convicted of this offense as well and both heterosexual and same-sex abuse occurs.

Child sexual abuse, when committed against one’s own child is a type of child abuse that has a devastating impact on children and will manifest itself in various ways, depending largely on the age of the child. Some common types of symptoms seen in victims of child sexual abuse include physical complaints, such as a headache or stomachache, eating disorders, genital or rectal symptoms, such as burning or itching, bowel disorders, such as being unable to control one’s bowel and social symptoms that include high-risk sexual behavior or an inappropriate interest in or knowledge about sex, drug and/or alcohol abuse, withdrawal, excessive fear or anxiety and depression.

Penalties for sexually abusing one’s child vary depending on the age of the child, on the specific crime and on the severity of the act(s). Formal probation, incarceration and registration as a sex offender are among the most common forms of punishment for a child abuse crime that involves sexual activity. Custody issues will undoubtedly arise and it is quite possible that one will lose his or her child as a result of a sexually related child abuse conviction. A less common but extremely severe penalty exists when the child victim is less than 13 years old. When such is the case, a male parent may be subject to chemical castration upon a first conviction for specific offenses, including sodomy, lewd or lascivious acts, oral sex or rape and will undergo mandatory chemical castration upon a second conviction, regardless of whether the first victim was his or her child or the child of another.

Parents or anyone else who suspect that a child is being sexually abused either by a family member or by another should immediately report the activity. Several agencies may offer advice, guidance and resources, including Childhelp USA at 1-800-4-A-CHILD or online at www.childhelp.org, the Darkness to Light hotline at 1-800-FOR-LIGHT or online at www.darkness2light.org or the National Children’s Alliance at 1-800-239-9950.

Defense Attorneys for Child Abuse Law

The trusted attorneys at the Kavinoky Law Firm may be able to provide assistance in what can only be described as a horrible situation. Their expertise in California’s domestic violence laws enables them to help educate an individual about what might lie ahead for a family affected by domestic abuse and, more specifically, the sexual abuse of a child. To learn more, contact them today for a free consultation.

Batterer’s Classes and Infliction of Injury

Batterer’s Classes and Infliction of Injury

Infliction of injury, more commonly called “spousal abuse,” is a California domestic violence crime that applies to intimate partners. These partners may be heterosexual or homosexual and married, divorced, or currently or formerly cohabiting, or have children together.

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. This charge can be brought against a defendant even if he or she barely touched the intimate partner.

In California, when a defendant is convicted on an infliction of injury charge, he or she will be sentenced to a batterer’s class as a condition of probation. These classes are either exclusively male or female and are sensitive to culture, ethnicity and sexual orientation. At minimum, the offender must attend a two-hour class once a week for a year.

These classes are geared towards people who need treatment to help manage their anger and violent outbreaks. With respect to abusers, the purpose of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. To accomplish this, counselors encourage the abusers to examine their lives to better understand the reasons why they succumb to violent outbursts. If successful, the batterer learns that he or she cannot control his or her relationships through violence.

More specifically, the goal of the batterer’s class is to end domestic abuse. California has established guidelines that each class must follow in order to ensure that abusers receive the same education and counseling no matter where they live. The issues that must be addressed in every class include gender roles, socialization, the nature of violence, the dynamics of power and control, and the effects of abuse on children and others.

Within these categories, counselors discuss various forms of abuse including physical, emotional and sexual abuse, economic manipulation or domination, property destruction, terrorist threats, and acts that jeopardize the wellbeing and safety of children and other family members or friends. The program addresses effective ways to communicate in an intimate relationship as an alternative to violent expression, and will help the batterer to create equality within the relationship.

The instructors confront their students by refuting the individual batterer’s justifications for his or her use of violence within the relationship. They hope to eliminate and reshape all beliefs, values, behaviors and language that abusers use to maintain power over their intimate partners. As a result, the classes focus on the belief systems that promote the use of intimidation, violence and coercion against domestic partners and children, and the instructors, in turn, try to dispel those beliefs. Discussions where the batterer tries to either blame the victim for the violence or in any other way tries to diminish his or her responsibility for the violence are inappropriate and discouraged by the class leaders. Instead, the class leaders facilitate discussions that include topics such as the destructive impact that violence has on self-esteem and affection, and the impact that battering has on children who are victims and witnesses of intimate partner abuse. Batterers are also taught specific techniques for achieving non-abusive, non-controlling attitudes and behaviors.

An infliction of injury charge is a serious matter with serious consequences. Enrollment and attendance in a batterer’s class is only a small portion of a convicted defendant’s probationary requirements, but it can be one of the most beneficial if the batterer takes it to heart. The caring criminal defense lawyers at The Kavinoky Law Firm can help navigate probationary terms with ease and understanding. The attorneys know how to connect their clients with batterer’s programs throughout California, and with their care and compassion, will make this difficult time a little easier. For questions about an infliction of injury charge, about a batterer’s class, or about any other legal matter, click here for a free consultation.

Recanting Victims and Infliction of Injury

Recanting Victims and Infliction of Injury

Infliction of injury, more commonly called “spousal abuse,” is a California domestic violence crime that applies to intimate partners. These partners may be heterosexual or homosexual and may be married or divorced, living together or formerly living together, or have children in common. 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.

An infliction of injury charge can be filed against an individual upon the slightest indication of an injury. This means that it would be very easy for an alleged “victim” to charge his or her partner with this crime with little or perhaps no evidence. Many times an individual will do this simply out of revenge, anger, or some other inappropriate motive. He or she may later decide to tell the truth about what happened, but once the police are involved, it is too late to take the allegation back, as only the prosecutor and/or judge can decide to drop the charges at that point. When this type of situation arises, it is imperative for the accused to hire a skilled criminal defense lawyer from The Kavinoky Law Firm.

If the “victim” chooses of his or her own free will 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, in an intimate partner abuse case, the prosecution usually expects that a victim will recant and knows exactly how to proceed under that type of situation. A genuine recanting victim can be extremely harmful to the defendant if not first guided by an attorney.

When a victim recants, there are two major issues that arise. The first is that evidence that may otherwise have been inadmissible during the trial will now likely be admissible, and the second issue is that a “recanting victim” gives the prosecution a great argument against the defendant. Beginning with the first issue, when a victim recants his or her story, the prosecution is allowed to introduce a recording of the call that the “victim” made to the police as well as any statements made to the police during the initial investigation. Because 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. Looking at the second issue, when a “victim” recants, the prosecutor usually brings in an expert witness who testifies that the victim 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 and that the “victim” likely suffers from “battered person’s syndrome”.

As previously stated, domestic abuse applies to intimate partners. It is the very nature of these types of intimate relationships that causes 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. A highly qualified defense attorney from The Kavinoky Law Firm can help both parties navigate through the system with knowledge and compassion. The attorney will develop the most effective defense strategy to put an end to a terrible situation that simply spiraled out of control. Click here for a free consultation.

Batterer’s Classes and Sexual Battery

Batterer’s Classes and Sexual Battery

Sexual battery is a California domestic violence offense that applies to intimate partners. California employs a broad definition of intimate partners – they may be heterosexual or homosexual, married, divorced, living together, have children in common, or be currently or formerly dating.

If a person touches an 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. “Touching” can be any physical contact – however slight – whether done directly, through the clothing of the accused, or through the clothing of the accuser. Sexual battery can be charged even between partners involved in an ongoing, intimate relationship. 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.

In California, when a defendant is convicted on a sexual battery charge, he or she will be sentenced to a batterer’s class as a condition of probation. These classes are either exclusively male or female and are sensitive to culture, ethnicity and sexual orientation. At minimum, the offender must attend a two-hour class once a week for a year. These classes are geared towards people who need treatment to help manage their anger and violent outbreaks.

With respect to abusers, the purpose of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. To accomplish this, counselors encourage the abusers to examine their lives to better understand the reasons why they succumb to violent outbursts. If successful, the batterer learns that he or she cannot control his or her relationships through violence.

More specifically, the goal of the batterer’s class is to end domestic abuse. California has established guidelines that each class must follow in order to ensure that abusers receive the same education and counseling no matter where they live. The themes that must be addressed in every class include gender roles, socialization, the nature of violence, the dynamics of power and control and the effects of abuse on children and others.

Within these themes, counselors discuss various forms of abuse including physical, emotional and sexual abuse, economic manipulation or domination, property destruction, terrorist threats and acts that jeopardize the well-being and safety of children and other family members or friends. The program will address effective ways to communicate in an intimate relationship as an alternative to violent expression and will help the batterer to create equality within the relationship.

The teachers confront their students by refuting the individual batterer’s justifications for his or her use of violence within the relationship. The facilitators hope to eliminate and reshape all beliefs, values, behaviors and language that abusers use to maintain power over their intimate partners.

Discussions where the batterer tries to either blame the victim for the violence or in any other way tries to diminish his or her responsibility for the violence are inappropriate and discouraged by the class leaders. Instead, the class leaders facilitate discussions that include topics such as the destructive impact that violence has on self-esteem and affection and the impact that battering has on children who are victims and witnesses of intimate partner abuse. Batterers are also taught specific techniques for achieving non-abusive, non-controlling attitudes and behaviors.

California takes sexual battery very seriously. Enrollment and attendance in a batterer’s class is only a small portion of a convicted defendant’s probationary requirements, but it can be one of the most beneficial if the offender takes it to heart. The caring criminal defense lawyers at the Kavinoky Law Firm know how to connect their clients with batterer’s programs throughout California and, with their compassion, will make this difficult time a little easier. A skilled attorney from the Kavinoky Law firm can answer questions about a sexual battery charge, about batterer’s classes, or about any other legal matter during a free consultation.

Sexual Battery’s Aggravating Factors

Sexual Battery’s Aggravating Factors

Sexual battery is a California domestic violence crime that applies to intimate partners. “Intimate partners” is a very broad term that includes couples who are heterosexual, homosexual, married, divorced, living together, have children in common, or who are 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 be any physical contact – however slight – whether accomplished directly, through the clothing of the accused, or through the clothing of the accuser.

It is important to understand that this crime may be charged even between partners involved in an ongoing, intimate relationship. When charged as a misdemeanor (with no aggravating circumstances), sexual battery carries a maximum of a six-month jail sentence 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.

While that is the gist of a sexual battery charge, there may be facts and circumstances that surround the alleged incident that could be considered “aggravating factors” and will, in turn, force a court to impose additional sentencing if the suspect is found guilty of the crime. This is simply another reason why an accused should always hire an experienced attorney when charged with a crime. The skilled criminal defense lawyers at the Kavinoky Law Firm have experience in defending California domestic abuse cases. They are familiar with this special area of the law and will both aggressively defend the charges and do their best to keep all penalties to a minimum by arguing the injustice involved in imposing additional penalties.

One aggravating factor is when the accused employed the alleged victim at the time of the offense. If that was the case, the convicted defendant will likely serve additional jail and/or prison time.

A second aggravating factor in a sexual battery case is when the accused either lives with or lived with the alleged victim or a minor (a person under 18), or the accused was married to the victim, or the accused is a parent, stepparent, adoptive parent, foster parent, or other blood relative of the minor, and the alleged abuse occurred in the presence of or was witnessed by that minor.

Finally, in addition to the aggravating factors just described, the consequences of a conviction for sexual battery may also be more severe if, as a result of the abuse, the victim suffers a significant or substantial physical injury. If the victim sustained this type of “great bodily injury,” the accused faces an additional three to five years in state prison. This means that an individual who is convicted of sexual battery in a case where the victim was seriously injured faces up to nine total years in prison.

Before the court sentences a convicted defendant, it will hear from both parties as to whether there were any mitigating or aggravating circumstances that it should consider. When the prosecution presents aggravating circumstances, the court will generally impose the strictest available penalty unless a good defense attorney is able to dissuade it from doing so. When aggravating circumstances exist, it is critical that the accused contact an attorney who has the knowledge and skills to effectively convince the court that to add an additional sentence would be against the interests of justice. 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 highly complex and technical area of the law, which is directly responsible for their outstanding results. An attorney from the Kavinoky Law Firm can provide a free consultation and outline a proven defense strategy that will protect the accused partner’s rights.