Battered Person’s Syndrome 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 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.

In this, as well as many other intimate partner abuse cases, the condition known as “battered person’s syndrome” (more commonly called “battered women’s syndrome”) comes into play and can be offered as evidence through the testimony of an expert witness by either side. 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. Battered person’s syndrome is a recognized psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. It is frequently used in infliction of injury cases either to defend an abused woman or man’s actions or as evidence against his or her abuser if the abused victim later recants his or her allegations. Because this syndrome is frequently introduced in a domestic abuse trial, it is vital to hire a skilled criminal defense lawyer from The Kavinoky Law Firm who is familiar with battered person’s syndrome should it and its effects be introduced into evidence.

The characteristics of this syndrome all focus on the abused believing that the violence is his or her fault. In addition, the syndrome has three distinct phases that include the “tension-building” phase, the actual battery, and the “honeymoon” phase. In order to be diagnosed with battered person’s syndrome, the abused must have gone through all three phases at least twice.

If the abused has committed a crime, battered person’s syndrome may be introduced as a defense in the case. A knowledgeable attorney will likely hire an expert witness to testify that the abused either didn’t have the criminal mental intent that was necessary to commit the crime or that he or she honestly believed that force was needed in a particular situation to avoid a more serious injury or even death. If either of these scenarios sound familiar, it is crucial to contact an attorney immediately to begin building a defense based on this syndrome.

If, however, it is the prosecution who is introducing battered person’s syndrome as evidence against a defendant, it is vital for the defendant to hire an experienced criminal defense attorney to help exclude that evidence or, at the very least, to rebut it with a defense expert witness. A defense expert witness will help discredit the prosecution’s theory that the “victim” suffers from battered person’s syndrome and will point out that the prosecution is simply using it as an excuse to bolster an otherwise weak case. The prosecution usually introduces the syndrome when the “victim” refuses to testify. The prosecutor argues, through his or her expert witness, that the “victim” is recanting the allegations because he or she fears what might happen if he or she doesn’t. A defense expert will rebut that argument, addressing the many legitimate reasons why an accuser may change his or her story.

The attorneys at The Kavinoky Law Firm have the training and experience to handle any infliction of injury case. They have successfully defended countless cases with skill and compassion and are well qualified to effectively tackle any and every evidentiary issue that may arise, particularly with respect to battered person’s syndrome. Click here for a free consultation and to secure the best representation available.

Professional Licensing Restrictions and Infliction of Injury

Willful infliction of injury is a California domestic violence charge, sometimes referred to as spousal abuse, which 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. A defendant can face this charge even if he or she barely touched the intimate partner.

When an individual is convicted for 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 infliction of injury 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 helps to have an attorney to argue against its application. An attorney has the knowledge and available resources to articulate why an infliction of injury conviction (under most circumstances) is not substantially related to the accused’s “qualifications, functions, or duties” of his or her job. In addition, the skilled attorney may 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 an infliction of injury charge or if recently convicted of that 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.

Battered Person’s Syndrome and Sexual Battery

Sexual battery is a California domestic violence crime charged against an intimate partner. Intimate partners may be heterosexual or homosexual and married, divorced, living together, have children in common, dating or formerly dating. In this, as well as many other domestic abuse cases, the condition known as “battered person’s syndrome” (more commonly called “battered women’s syndrome”) comes into play and can be offered as evidence through the testimony of an expert witness by either side.

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. Battered person’s syndrome is a recognized psychological condition that is used to describe someone who has been consistently and/or severely victimized by his or her partner. It is frequently used in domestic violence cases either to defend an abused defendant’s actions or as evidence against the defendant if the abused victim later recants his or her allegations. Because this syndrome is frequently raised in intimate partner violence trials, it is vital to hire a skilled criminal defense lawyer from the Kavinoky Law Firm who is familiar with battered person’s syndrome should it and its effects be introduced into evidence.

The characteristics of this syndrome all focus on the abused believing that the violence was his or her fault. In addition, the syndrome has three distinct phases that include the “tension-building” phase, the actual battery, and the “honeymoon” phase. In order to be diagnosed with battered person’s syndrome, the abused must have gone through all three phases at least twice.

Sexual battery is referred to as a “wobbler” offense, meaning that it can be charged as either a misdemeanor or a felony depending on the severity of the individual case. If a person touches an intimate part of another 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.

Sexual battery charges can be brought against any intimate partner, even one 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.

When the prosecution introduces battered person’s syndrome as evidence against a defendant, it is vital for the defendant to have an experienced criminal defense attorney to help exclude that evidence or, at the very least, to rebut it with a defense expert witness. A defense expert witness will help discredit the prosecution’s theory that the “victim” suffers from battered person’s syndrome and will point out that the prosecution is simply using it as a way to bolster an otherwise weak case. The prosecution usually introduces the syndrome when the “victim” refuses to testify. The prosecutor then argues that the “victim” has recanted the allegations because the victim feared what would happen if he or she didn’t. A defense expert will rebut that argument, addressing the many legitimate reasons why an accuser may change his or her story.

The attorneys at the Kavinoky Law Firm have the training and experience to handle any sexual battery case. They have successfully defended countless intimate partner abuse cases with skill and compassion and are well qualified to effectively tackle any and every evidentiary issue that may arise, particularly with respect to battered person’s syndrome. A skilled attorney from the Kavinoky Law Firm can provide a free consultation and outline an aggressive defense strategy designed to protect the accused partner’s rights and minimize the consequences of a sexual battery charge.

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.

Prior convictions and their effect on a California domestic violence stalking case

Stalking will be charged when an individual follows or harasses and threatens another with the intent to place that person in fear. In and of itself, it is not a domestic violence crime. However, if an individual follows or harasses and threatens his or her intimate partner with the intent to place that partner in fear, that individual will be charged with stalking as a domestic abuse crime. California’s domestic violence laws apply to all crimes where the defendant and the alleged victim are intimate partners. Intimate partners are those who are married or divorced, dating or formerly dating, living together or those who have children together. These laws apply to both heterosexual and homosexual partners.

Depending on the circumstances, a stalking charge can be filed as either a misdemeanor, punishable by up to one year in the county jail and/or a maximum $1,000 fine or as a felony, punishable by up to one year in the state prison. The law imposes no mandatory imprisonment for this charge, absent certain aggravating factors. A skilled criminal defense lawyer may, therefore, be able to persuade the court to impose probation conditions that will keep his or her client out of jail or prison. If, however, the accused has specific prior convictions on his or her record, he or she will likely face at least two and as many as five years in the state prison. The outstanding attorneys at the Kavinoky Law Firm will aggressively defend their clients and will argue against mandatory imprisonment. Because of their deep understanding of intimate partner abuse crimes, they know what facts and circumstances may help convince a court that alternative sentencing would be more appropriate.

When a defendant convicted on a D.V. stalking charge has also been previously convicted of felony stalking, he or she faces imprisonment in the state prison for two, three or five years, depending on the circumstances of both offenses. When a defendant convicted of intimate partner stalking also has prior convictions for infliction of injury, violation of a court order or criminal threats, he or she may be punished by the same one-year jail sentence with or without the $1,000 fine, by the same one-year prison sentence or, depending on the circumstances of the pending case and of the prior conviction(s), will face two, three or five years in the state prison. An attorney who is well versed with the laws surrounding stalking and intimate partner violence knows which arguments to make to help keep these penalties to a minimum.

Prior convictions not only affect sentencing, but also may unfortunately affect the outcome of the defendant’s trial. California allows in evidence of a defendant’s prior domestic violence convictions in a pending D.V. case even though prior convictions are excluded in most other types of criminal cases. The reason that this type of evidence is usually excluded is because a jury is likely to conclude that if the accused “did it before” he or she was “likely to do it again,” relying on old evidence instead of the evidence presented in the open case.

Clearly, prior convictions raise a host of issues that otherwise don’t exist in a first-time offender’s stalking case. This is another reason why it is critical that the accused hires a qualified defense lawyer who specializes in domestic abuse charges and therefore understands the complex and technical rules that are involved with these types of cases. The unparalleled attorneys at the Kavinoky Law Firm have successfully defended countless individuals who were accused of stalking their intimate partners. They receive ongoing training and education in domestic violence law, which is directly responsible for their outstanding results. Click here for a free consultation and for the best representation.

California Domestic Violence can take on many forms:

• Financial abuse
• Emotional abuse
• Physical abuse
• Child abuse
• Elder abuse

Intimate partners (regardless of their sexual orientation) have children together, are married or divorced, live together or formerly lived together, are dating or were dating. Although domestic violence is a category of a type of abuse, any crime that is committed against one’s intimate partner or other stated family member will be prosecuted as a domestic abuse crime in California, which means that in addition to the penalties that the offender faces for the specific crime he or she committed, additional penalties will attach because the crime qualifies as one of domestic violence.

Signs of domestic violence are often the same in any relationship affected by domestic abuse or intimate partner abuse. The main sign is that an individual fears his or her intimate partner or another family member. Other signs come in a variety of forms and can be feelings within the abused individual, signs that are revealed in the abuser’s violent, threatening or controlling behavior or signs that are exhibited when an intimate partner or other family member belittles or criticizes his or her victim. Signs in a victim of such abuse can include feelings of self-hatred, helplessness and numbness.

Signs that suggest that a person may be the victim of domestic abuse include, but are not limited to, his or her intimate partner or other family member constantly monitoring his or her activities, isolating the victim, thereby preventing him or her from seeing other family members or friends, inflicting bodily injury upon him or her, sexually abusing him or her, criticizing or humiliating him or her, blaming him or her for the intimate partner or other family member’s own violent outbursts and threatening to hurt himself or herself, the person receiving the threat, their children, a pet or the personal property of the recipient of the threat.Others may often detect that a friend or family member suffers from these signs of Domestic Violence, but it is the victim of the abuse that must recognize that he or she identifies with these signs if he or she desires to seek help.

Symptoms of domestic violence are widespread and vary from person to person. There are, however, certain characteristics and behaviors that are exhibited by the majority of victims who suffer from domestic abuse that have devastating effects on these abused individuals. Some of the most common symptoms include low self-esteem, depression, anxiety and fear, health problems, eating disorders, withdrawal from others and anger. Many victims act out in destructive ways and are violent towards others and/or even themselves. Many contemplate or attempt suicide, and begin abusing drugs and/or alcohol or develop additional addictive behaviors. In addition, an individual who is physically abused may be seriously injured or even killed if he or she doesn’t leave the relationship.

Hotlines, classes and additional resources are available to both those individuals who are being abused by an intimate partner or by another family member, and to those who need help controlling their abusive behavior. The trustworthy criminal defense attorneys at The Kavinoky Law Firm have resources and referrals for those who wish to seek help or who need legal counseling about their rights and remedies regarding acts of domestic violence. In addition, these criminal defense lawyers specialize in California Domestic Violence crimes and will take the time to sit down with an individual accused of domestic abuse and listen to all of his or her questions and concerns, treating that individual with the respect and compassion that he or she deserves. To discuss familial domestic violence or intimate partner abuse, contact The Kavinoky Law Firm today for a consultation.

Batterer’s Classes and Violating a Protective Order

Under California’s domestic violence laws, an intimate partner can be charged with violation of a protective order in a domestic abuse case. California law defines intimate partners as couples who are straight or gay, married, divorced, cohabiting, have children in common, or who are dating or were formerly dating.

Violating a protective order in a California domestic violence case is a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine. Protective orders are orders issued by the court that bar the offender from specific acts of abuse, re-entering his or her own home, or even behaving in a specified way. California courts may even punish an offender for violating an order in California that was issued in another state. If the violation results in physical injury to the alleged victim, the offender will serve mandatory jail time of at least 30 days and the fine may rise to $2,000.

In California, when a defendant is convicted for violating a protective order, 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 one 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 well-being 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 helps the batterer 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. 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 own 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.

California takes the violation of a protective order 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 discretion and compassion, will make this difficult time a little easier. An experienced defense attorney can answer any questions about violating a protective order, about a batterer’s class, or about any other legal matter during a free consultation.

Eyewitness Accounts in a California Criminal Threats Domestic Violence Trial

California’s domestic violence laws encompass all crimes that involve intimate partners. Intimate partners are defined as persons who are heterosexual or homosexual and are dating, were formerly dating, living together, married, divorced or who have children together. When an individual is accused of making criminal threats against his or her intimate partner, the charge will be treated as a domestic abuse crime.

“Criminal threats” is an intimate partner abuse crime when an individual threatens to commit a crime against his or her intimate partner that, if committed, would result in death or serious bodily injury to that partner. The form of the threat doesn’t matter, as it could be conveyed in person, over the phone, in a letter, by a third person or in any other manner so long as the partner receives the threat. On that note, the partner must not only receive the threat but must actually and reasonably be in fear as a result. Even if the accused didn’t intend to actually commit the threatened crime, he or she can be convicted for making criminal threats if the threat was perceived as real.

Domestic violence usually occurs in private. Because of that fact, there are not many D.V. cases that involve eyewitnesses. When there is an eyewitness, however, he or she can either make or break the case for either side.

Although an eyewitness is simply supposed to tell the truth as to what he or she saw, many eyewitnesses either embellish their story to prolong their “fifteen minutes of fame” or skew their story to favor one side or the other. Many times an eyewitness will see only part of the charged incident without realizing that there were several events that led to what they saw. It is up to the defense attorney to make sure that the judge and jury know the back-story on what took place before the alleged threat, so that they have an accurate understanding of whether the “threat” should have been reasonably perceived as such, whether the witness misread a private situation between two individuals or whether the witness was overzealous and wanted to testify out of loyalty to or hatred for one of the parties.

An experienced criminal defense lawyer knows how to turn any eyewitness, even a prosecution witness, into his or her own. The attorneys at The Kavinoky Law Firm excel in cross-examination and will take a witness who thinks they are testifying against the defendant and ultimately use that witness to help the accused. The attorney will highlight discrepancies in the witness’s testimony, call his or her credibility into question when appropriate and will use that individual to make the defense appear more plausible. A skilled defense attorney will also take the time to prepare any defense witnesses so that they know what to expect when they “take the stand” and are ready to answer questions not only from the defense but from the prosecutor as well.

A criminal threats charge is a serious matter that, depending on the circumstances, may be filed as a misdemeanor or a felony, punishable by up to one year in jail or prison. When charged with this domestic abuse crime, especially if there was an eyewitness to the alleged threat, it is crucial that the accused hires an attorney who is not only familiar with California domestic violence law but who knows how to prepare a defense witness for trial and who excels in cross-examination. The unparalleled attorneys at The Kavinoky Law Firm have successfully defended countless intimate partner domestic violence cases because they know all the complexities of this type of crime and have what it takes to win. An experienced defense lawyer can answer any questions about a California domestic abuse case during a free consultation.

Prior domestic violence charges and/or convictions

California’s domestic violence laws are among the strictest when it comes to punishing offenders. Defendants can face the consequences of a domestic abuse conviction. These include heavy fines and hefty jail and prison sentences in addition to irreparable damage to their reputations. If someone is charged with a domestic violence crime and has a prior charge for any domestic violence crime – even if there was no conviction – that evidence may be introduced by the prosecution in the pending case. This type of evidence usually infuriates a judge and jury, resulting in even more severe penalties for the defendant. The best way to exclude prior evidence and, in turn, avoid being prosecuted to the fullest extent of the law, is to hire a skilled criminal defense attorney from The Kavinoky Law Firm.

In California, domestic abuse charges involve disputes between any intimate partners. Intimate partners include both heterosexual and homosexual persons who are married, divorced, cohabiting, have children in common, and who are or used to be dating.

As social awareness about intimate partner abuse continues to grow, the legislature is taking a tougher stand on offenders. The system shows its clear bias against the accused by allowing evidence of prior charges of domestic violence – something that is unheard of in other areas of the law. Under most circumstances, evidence of previous charges are never allowed to be introduced as evidence because the court knows that a jury will have a difficult time separating the past conduct with the pending allegations. The fear is that a jury will convict a person based on what they did in the past instead of judging him or her based solely on the evidence of the allegations before them. Prior evidence always creates unfair prejudice against a defendant and is usually excluded because of that fact.

However, under California’s domestic violence laws, evidence of past conduct involving domestic abuse is admissible as evidence against the defendant in a pending case. Under this rule, it is not even necessary that the charges resulted in a conviction. This means that even if the prior allegations were proved false or if there was an acquittal, the evidence has the effect of being introduced as evidence that the accused has a history of intimate partner abuse and would therefore likely abuse again. The previous charges don’t have to involve the same victim, don’t have to have occurred in the same way or have any other relationship to the pending crime. In addition, courts will often allow this type of evidence even if the past conduct was alleged years ago. This type of evidence is devastating to a defendant who is supposed to be presumed innocent until proven guilty.

All hope is not lost, however. A good criminal defense lawyer knows the arguments to present that may persuade a judge that this type of evidence should be excluded. A skilled attorney will make all the appropriate Constitutional arguments and will clearly explain to a judge why admitting evidence of prior domestic abuse charges will unfairly prejudice a defendant and prevent him or her from receiving a fair trial. Hiring an aggressive, experienced attorney from The Kavinoky Law Firm will help to ensure that previous domestic violence charges are not introduced as evidence in a pending case. The best way to avoid being unfairly characterized and to make sure that a fair trial awaits is to immediately consult a skilled defense attorney. Click here for a consultation.

Sentencing Alternatives

Drug cases, more than any other type of cases, recognize that treatment is far more appropriate than jail or prison in helping people deal with a drug problem. But if you have been arrested for a drug-related offense, there are different treatment options, each with its own pros and cons. Alternatives include Diversion, Drug Court, and Proposition 36.

Each of these choices has different requirements for their successful completion. The accused may be eligible for one or more of these alternatives. A knowledgeable Southern California Criminal Defense Lawyer who cares about your personal situation will be able to help you make the best decision about which avenue to take. Criminal defense lawyers who emphasize drug possession cases and drug sales cases should be aware that alternative sentencing programs are available to those individuals charged with drug-related cases. Diversion, drug court, and Proposition 36 are the three most popular alternative sentencing programs in California. However, there are negatives associated with each, and a criminal defense lawyer may be able to avoid all of these programs by the aggressive defense of the underlying case.

It is a fundamental concept in criminal law that there are two phases to a conviction: the guilty plea (or verdict), and the sentence which is imposed by the judge. In criminal cases, nothing is final until the time of sentencing. It is the sentence being imposed which creates the criminal record, not the guilty plea or even the finding of guilt by a jury. Diversion, for example, involves a person entering a guilty plea, but not being sentenced by the judge. Instead, the case is continued for a period of time, during which the accused participates in various educational programs. If these programs are successfully completed, the case is dismissed and no conviction is ever entered in the record. However, there are dangers associated with this course of action as well. During the course of the educational programs random drug tests are given. If a diversion participant tests positive for drugs while the case is pending, diversion may be terminated and the case returned to court. In that scenario, the judge already has obtained the guilty plea, and the only thing left is for the person to be sentenced.

Typically, these types of drug cases usually involve lengthy jail terms. This is why it is vital that a criminal defense lawyer use every means that are legally appropriate to attack the underlying case. This may be through a Motion to Suppress Evidence, or through a negotiated plea to a non-drug-related offense.

While all of the sentencing alternative described here have tremendous value, it is critically important that a criminal defense lawyer has the opportunity to carefully scrutinize your criminal case to determine which, if any, of these sentencing alternatives are appropriate in a given situation.

The Kavinoky Law Firm is 100% dedicated to the defense of criminal cases, and would be happy to provide a consultation to you at no cost or obligation.