Category: Domestic Violence

California Domestic Violence | Los Angeles Domestic Violence Lawyer | No Cuffs

Types of Abuse that Can Lead to Domestic Violence Charges in California

Types of Abuse that Can Lead to Domestic Violence Charges in California

In California, domestic violence laws apply to all crimes that are committed against one’s intimate partner (that is, a spouse, former spouse, significant other, former significant other, the person with whom one lives or lived and the person with whom one has children), one’s child, parent or anyone else related by blood or marriage within the second degree. Domestic abuse is a general phrase that encompasses many different types of abuse, some that are easy to identify and prove and others that are not.

Physical abuse is perhaps the most commonly identified and most reported type of domestic abuse and can range from restraint to murder. Physical abuse occurs when an individual intentionally uses force upon another, attempting to cause pain, harm and/or injury. Types of physical abuse include, but are not limited to, sexual abuse, slapping, hitting, punching, pushing, shaking, restraining, biting, choking and assault with a weapon.

Emotional abuse, also known as verbal abuse or psychological abuse is thought to be widely underreported because of the fact that it is difficult to prove and is usually committed in conjunction with other forms of abuse. Although it would seem that physical abuse would be more painful, the effects of emotional abuse are considered to be far more devastating. Emotional abuse occurs when an individual threatens or intimidates another in an effort to gain control over that person, shames, mocks or criticizes another person (regardless of whether others are around at the time), isolates another person, destroys pets or property in front of another person in an effort to instill fear in that individual and when an offender blames the victim for the offender’s violent actions.

Financial abuse, or economic dependence, occurs when an individual either prevents access to or withholds money, checks or credit cards from another, steals from another (for example, a child who steals from a parent or a partner who steals from his or her partner or exploits that partner for his or her own financial gain) or withholds necessities from another such as food, shelter, medicine or clothes. Financial abuse often goes hand-in-hand with emotional abuse and can cause a victim to feel absolutely hopeless.

The effects of domestic violence are serious and can last forever. Victims of D.V. often exhibit depression, anxiety or fear, low self-esteem, anger, withdrawal, a difficulty in forming relationships with others, eating disorders and other health problems and may develop drug, alcohol and/or other destructive, addictive behaviors. The effects on children (whether they are directly abused or witness the abuse that takes place in their home) are even more extreme. In addition to the above behaviors, children will often act out by committing crimes and acting violent towards others, may attempt suicide and are more likely to grow up to be adult abusers.

The outstanding attorneys at The Kavinoky Law Firm specialize in California crimes of domestic violence and can help defend against a charge of intimate partner abuse, child abuse or elder abuse. These trustworthy attorneys can also provide referrals for counseling and other types of services for abusers who want help and for the victims that they have hurt. Because of the devastating effects that abuse can have on one’s family, an offender faces severe consequences if convicted of a Domestic Violence-related crime. One’s family and freedom are too important to trust to an inexperienced attorney. Contact the attorneys at The Kavinoky Law Firm today for a free consultation.

Civil Penalties Associated with a California Domestic Violence Criminal Threats Accusation

Civil Penalties Associated with a California Domestic Violence Criminal Threats Accusation

Criminal threats is a California domestic violence charge when the recipient of the threat is the intimate partner of the individual who issued the threat. Persons are intimate partners (regardless of whether they are involved in heterosexual or homosexual relationships) when they are dating, formerly dated, married, divorced, living together or have children together.

A domestic abuse charge based on criminal threats may be filed 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 the partner. It is irrelevant that the individual didn’t actually intend to follow-through with the crime, as the only relevant fact is that the partner, upon receipt of the threat, was reasonably in fear for his or her safety.

Criminal threats, in a criminal court, is a charge that would be filed by a prosecuting agency, not by the “victim” or recipient of the threat, as many incorrectly believe. In civil court, it would be the “victim” or intimate partner that was threatened (who becomes known as the plaintiff) that would sue the individual who made the threat for this “tort,” “wrong” or “cause of action.” Criminally, a defendant must be found guilty “beyond a reasonable doubt” (which is the highest burden of proof that exists) before he or she can be convicted. Civilly, the judge or jury must only be convinced that there is a “preponderance of the evidence” (which means greater than a 50% chance) that the defendant threatened his or her intimate partner.

In a criminal court, a defendant who is convicted of this charge faces up to one year in county jail or prison, depending on whether the crime was charged as a misdemeanor or a felony, and several additional penalties as well. In a civil court, an individual who is found liable for this tort may face substantial fines but cannot be sentenced to imprisonment. The individual may be required to pay up to three different types of monetary damages to his or her intimate partner for making criminal threats against that intimate partner. When an exact dollar amount can’t be calculated for the wrong caused to the intimate partner, he or she will be awarded “general” damages. Damages for “pain and suffering” are typically awarded under this category. If the recipient of the threat has out-of-pocket expenses (such as hospital bills, attorney’s fees or the cost to replace or repair any damaged personal property) that were incurred as a result of the threat, he or she would be entitled to “special” damages. The third type of damages that the intimate partner may be awarded are “punitive” damages, which are imposed to punish willful or malicious misconduct and are awarded over and above special and general damages.

A Civil Protective Order will be issued in addition to monetary damages if it is proven that the plaintiff is reasonably in danger. A Civil Protective Order is like a Criminal Protective Order in that it will likely prohibit the offender from coming within a certain distance of the plaintiff to prevent further threats or abuse. A much more restrictive order may be imposed if justified by the facts presented at trial. A civil protective order lasts for a period of three years.

Making criminal threats against an intimate partner has many serious consequences, both civil and criminal. With that in mind, it is critical that an individual accused of this crime contacts a criminal defense lawyer who can defend against the charge. The attorneys at The Kavinoky Law Firm have experience dealing with California’s intimate partner abuse crimes and have successfully defended countless criminal threats cases. They are equipped to aggressively tackle any criminal case and can provide referrals for civil defense attorneys where appropriate. An experienced defense lawyer can answer questions about a California domestic violence case during a free consultation.

Mandatory Probation Requirements Imposed in a California Domestic Violence Criminal Threats Sentence

Mandatory Probation Requirements Imposed in a California Domestic Violence Criminal Threats Sentence

“Criminal threats” qualifies as a California domestic violence crime when the defendant threatens his or her intimate partner. Intimate partners are dating, were formerly dating, living together, have children together, married or divorced. They can be heterosexual couples or same-sex partnerships.

Criminal threats can be charged against a person who threatens to commit a crime against his or her intimate partner that will result in serious bodily harm or death to that partner if committed. If the partner reasonably feared for his or her safety as a result of the threat, the fact that the accused didn’t actually intend to carry out the threat is irrelevant. In addition, the form of the threat doesn’t matter, so long as the partner receives it and feels threatened.

If convicted for making criminal threats, the defendant faces up to one year in the county jail or state prison, depending on whether the charge was sentenced as a misdemeanor or a felony. In addition, if the offender is granted probation, he or she will face further penalties that must be imposed on any person placed on probation following a conviction for a California intimate partner abuse crime.

Probation for an individual convicted of making a criminal threat against his or her intimate partner will last for at least three years. Probation will be formal if the charge was sentenced as a felony or informal if it was sentenced as a misdemeanor. During that time, the convicted individual is responsible to follow through with certain specified conditions and must complete all requirements without further violating any laws.

Following his or her conviction for criminal threats and once placed on probation, the defendant must get “booked” within one week if he or she wasn’t booked prior to conviction. This means that the defendant must be fingerprinted, photographed and entered into a criminal database. A criminal protective order will also be immediately issued against the offender to prevent additional threats or abusive behavior towards his or her intimate partner. Depending on the facts that surrounded the charged incident, a judge may impose a residence exclusion and/or stay-away conditions.

D.V. convictions require that the defendant pay certain fines when convicted and placed on probation. The offender will be required to pay a minimum of $200 to various domestic abuse funds throughout the state. His or her ability to pay will be taken into consideration by the court when it imposes this condition.

A domestic violence criminal threats probationer must also attend a batterer’s class. The offender must attend at least 52 two-hour weekly classes and, depending on the circumstances that surrounded the charge and the defendant’s personal history, a judge may also order the defendant to attend a drug and/or alcohol program. A specified number of hours of community service will also be required.

Before a judge will modify, terminate or revoke probation, he or she will consider the defendant’s ability to comply with its terms and his or her willingness and diligence in doing so. If the court doesn’t think that the defendant is appropriately progressing, it may revoke probation, which means that the maximum one-year jail or prison sentence will likely be imposed. A skilled criminal defense lawyer will help keep these requirements to a minimum and will argue against modification or revocation if it is in the best interests of his or her client.

The attorneys at The Kavinoky Law Firm sympathize with their clients and treat each with compassion and respect. They will do their best to guide their clients through the probation process with ease, helping to ensure that each client completes his or her requirements as conveniently as possible. The experienced defense lawyers can answer questions about the penalties that result from a domestic abuse criminal threats conviction during a free consultation.

Classes and Resources for People Involved in Abusive Relationships

Classes and Resources for People Involved in Abusive Relationships

California courts typically issue protective orders in domestic violence cases involving intimate partners that bar an offender from committing specific acts of abuse, re-entering his or her own home, or exhibiting certain behaviors. Intimate partners may be married, divorced, living together, have children in common, dating or formerly dated and may be straight or gay.

Anyone who fails to comply with the court’s direction can be charged with violation of a protective order. Any intentional and knowing violation of a protective order by an individual against his or her intimate partner is a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine. If the violation results in physical injury to the accuser, the offender will serve mandatory jail time of at least 30 days, possibly up to one year, and the fine may rise to $2,000. California courts can even punish an offender for violating an order in California that was issued in another state.

California has taken a stand on intimate partner abuse by becoming one of the strictest states when it comes to punishing its offenders. The consequences that a defendant faces for violating a protective order that was issued to protect his or her intimate partner are severe because the state hopes to deter the offender from engaging in further illegal conduct.

In an effort to try to put an end to domestic abuse, there are many programs throughout the state that offer services to educate both the victims and abusers involved in these intense, volatile relationships. The services are provided in numerous languages to people of every economic, ethnic and religious background and target both heterosexual and homosexual individuals. If interested in pursuing self-help or if looking to help another, a caring criminal defense lawyer is a great place to start, as he or she will have these types of resources and referrals right at his or her fingertips.

Counseling for those affected by domestic violence is available to not only help the abuser deal with anger management and violence issues, but exists to help empower victims of intimate partner abuse as well. With respect to abusers, the goal of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. Services for the victim frequently include private or group therapy, vocational training and lessons on how a victim can safely flee from a violent partner.

For the abuser, there are batterer’s classes that are structured courses designed to stop the use of physical, psychological or sexual abuse to gain or maintain control over a partner. Domestic violence statistics reveal that drugs and/or alcohol often accompnay violent incidents, and there are free Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meetings held throughout the state for the individual who needs this type of help as well. Long-term, live-in facilities are also available if more intense treatment is necessary.

For the victim, there are emergency shelters throughout the state that allow victims and their children to temporarily reside, keeping their identity confidential. The locations of these shelters are kept a secret from the public to further protect the residents. There are also many government financial assistance programs available to help the victim and his or her family get back on their feet and develop their independence.

Individuals affected by domestic abuse can take comfort in knowing that help is available. “SAFE” (Stop Abuse For Everyone) is a fabulous resource, as it breaks down many categories of victims and offenders and then lists several of the state’s programs under each category. The National Domestic Violence Hotline is another great resource both online and via telephone (1-800-799-SAFE). In addition, the compassionate, discreet and trustworthy attorneys at The Kavinoky Law Firm can help refer individuals to a variety of services that will meet their needs.

Bail in Domestic Violence cases

BailBail in Domestic Violence cases

California domestic violence cases are different from other crimes when it comes to bail. With respect to most domestic abuse charges, the law forbids the defendant from being released on his or her own recognizance (commonly called OR) without first having a court hearing. At that bail hearing, the judge decides if OR release is appropriate. This is different from other classes of crimes where OR release is possible prior to a court appearance. Hiring an experienced criminal defense lawyer from The Kavinoky Law Firm is the first step towards freedom, as he or she will fight to get the client’s bail reduced or, if appropriate, to get a speedy bail hearing to hopefully get it eliminated entirely.

Bail is money that the court requires the defendant to pay in order to assure his or her court appearances. The amount of bail varies depending on the crime involved. A bail schedule sets forth the amount for bail for each type of crime. Of course, the judge has the authority to deviate from the schedule to make bail either higher or lower.

If there is a bail hearing, the judge will consider the defendant’s prior criminal history, his or her flight risk and the facts of the pending case. When the judge is making decisions about bail, he or she will presume that the accused is guilty and make a decision keeping that in mind. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring the best lawyer he or she can afford.

If the defendant is denied an OR release (which is typical when a defendant faces an intimate partner abuse charge) and must post bail, he or she may be released through two different methods: posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail with either the arresting agency or with the Clerk of the Court. If the accused attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.

A bail bondsman is typically the best alternative to obtain pre-trial release, since many people do not have the financial resources to post cash bail. A bail bond is a contract with a bail agent where the agent agrees to post a bond for the full bail amount. The bondsman will generally require a “premium” which is his or her fee, and is set by law at 10% of the amount of the bond. The bondsman may also require “collateral” (which is usually a car, house or something else of great value) in order to secure the bond. That means that if the defendant doesn’t repay the bond, the bondman has the legal right to keep or sell the defendant’s collateral. The bondsman’s premium is non-refundable and is paid to the bond company for taking the risk that the defendant may not appear in court. Once the case is over, the bond is exonerated, and the collateral is then released. A bail bond is good for one year. If the court case goes beyond one year, an additional premium may be required to keep the bond in force.

A domestic violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. To best avoid these consequences, it is imperative that an accused hires a skilled attorney immediately after being arrested so that the attorney can help the accused navigate through the criminal court system right from the start. In order to secure the best representation from a firm who has successfully defended countless domestic abuse cases, contact the attorneys at The Kavinoky Law Firm for a free consultation.

The Effects of Domestic Violence on Children

domestic violence effect on childrenIn California, domestic violence is any type of abuse that is perpetrated against one’s spouse or former spouse, the person with whom one has children, the person with whom one lives or lived, a significant other or former significant other or one’s child. It follows that any crime that is committed against one’s child (or an intimate partner abuse crime that is committed in the presence of one’s child) will be prosecuted as a domestic abuse crime in this state.

Although intimate partner violence is largely reported as being perpetrated by a man against a woman, women are also guilty of abusing men and same-sex domestic violence is a growing problem as well. It affects people nationwide from every economic, ethnic and religious background.

In this country alone, millions of children each year are at risk of being abused by their parents. Domestic Violence statistics reveal that in a national poll of over 6,000 families, between 53% and 70% of male offenders also frequently abused their children. Additional research shows that abused women are twice as likely to abuse their children as women who are not abused. In homes where intimate partner abuse occurs, children are sexually or physically abused and/or seriously neglected fifteen times more than in homes where abuse doesn’t exist.

Children who are exposed to domestic violence may exhibit a wide range of behavioral and emotional problems, depending on their age and gender, the individual child, whether or not they are actually involved in the abuse and how much abuse they witness. Many younger children can’t truly understand the abuse and tend to blame themselves for it. Self-blame in a young child will often manifest itself through concentration problems, stress, physical complaints, eating and sleeping problems and regressed behavior such as whining or bed-wetting. Pre-adolescent children may also present these issues and will usually express themselves in more negative ways. Symptoms commonly seen within this age range include defiant behavior, threatening or violent behavior, withdrawal and low self-esteem. In addition to the previously described behaviors, teenagers may also exhibit substance abuse, delinquency and academic failure. Research suggests that witnessing or being personally involved in domestic violence may be the most substantial difference between children who are involved in criminal activity and those who aren’t.

Children may be abused by their parents or may perpetrate the abuse towards their parents. Under either scenario, criminal action will result. Not only does a Domestic Violence offender face mandatory probation terms in addition to jail or prison time, but if a child is involved in the abuse – either directly or indirectly – custody issues will also be raised. An individual accused of intimate partner abuse either towards his or her children or accused of committing intimate partner abuse in the presence of his or her children faces losing his or her family and freedom. If charged with child abuse as a misdemeanor, the defendant faces up to one year in jail, probation, a criminal protective order issued against the defendant to protect the child, and attendance for at least one year in a child abuser’s treatment program. If convicted of a felony, the defendant faces up to six years in prison in addition to the requirements listed above.

Defense Attorneys for Child Abuse Law

The consequences of a domestic violence conviction are severe enough when a child isn’t involved in the allegation. When a child is involved, the stakes are even greater. The criminal defense lawyers at The Kavinoky Law Firm specialize in crimes of domestic abuse and receive ongoing education and training in this special area of the law. They have successfully defended countless individuals charged with intimate partner abuse and have helped them keep their families and freedom intact. The attorneys treat each client with discretion, compassion and respect and will provide parents with referrals for services and resources to help their children who have sadly been victimized. To discuss a child-related domestic abuse crime, please click here for a free consultation.

DNA Evidence and Infliction of Injury

DNA Evidence 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 married or divorced, living together or formerly living together, or have children in common. The law applies to both heterosexuals 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.

Unfortunately, there are many partners who are involved in mutually abusive relationships. This means that both partners are victims and abusers. In these troubled relationships, both partners will exert their power in a number of ways. One of the common ways that a partner will do this is by filing a false allegation. An example of this is when the self-proclaimed “victim” accuses his or her partner of causing an injury that, in fact, wasn’t his or her fault. When this type of situation arises, DNA evidence plays a vital role. When faced with an infliction of injury charge, it is important to hire an attorney who is experienced with all aspects of a California intimate partner abuse case, including the many types of evidentiary issues that often arise. The skilled criminal defense lawyers at The Kavinoky Law Firm receive ongoing training in domestic violence trial strategies and evidentiary issues, such as DNA evidence, giving them a leg up on the competition. They have successfully defended countless individuals in infliction of injury cases, protecting them from the devastating consequences that the charge carries.

In criminal courts throughout this country, DNA evidence is playing a larger role than ever before in helping to convict the guilty and to clear the falsely accused. DNA (deoxyribonucleic acid) evidence is particular to each individual and remains constant throughout one’s life. Virtually every cell in the body contains DNA and it is the same in each, whether it is found in one’s hair, saliva, blood, skin tissue or bone. This evidence is so powerful because, with the exception of identical twins, no two people share the same DNA. This means that if DNA can be collected from a crime scene, it can either link the accused to the crime or exclude the accused from the crime. For example, in an infliction of injury case, if an alleged abuser’s DNA evidence, such as blood or skin tissue, is found on the alleged victim’s body or clothes, it will be easier to assess blame to the accused. However, if someone else’s DNA is found on the alleged victim, it may be easier to clear the suspect and possibly look at bringing a criminal charge against the “victim” for filing a false police report.

DNA evidence is clearly here to stay. Having an attorney who is well versed in DNA evidence and the ways that it can be admitted into and excluded from evidence in a domestic abuse case is of the utmost importance, especially when facing the severe consequences inherent within an infliction of injury conviction. The knowledgeable attorneys at The Kavinoky Law Firm have experience with this complex and technical area of the law. In addition, they have the necessary resources to help prepare the best possible defense strategy, which is specifically developed for each client. Click here for a free consultation and for the best representation.

California Domestic Violence Criminal Protective Orders

California Domestic Violence Criminal Protective Orders

A Criminal Protective Order is one of the different types of protective order available to victims of domestic violence. In California, domestic abuse laws apply to intimate partners. Intimate partners include both heterosexual and homosexual persons who are married, divorced, cohabiting, have children in common and who are or were dating. An individual who has been abused by an intimate partner may apply for a Criminal Protective Order to indefinitely aid in his or her protection against the abuser.

A Criminal Protective Order is the most permanent type of restraining order that California offers. When it is initially issued, it may last up to five years although, upon its expiration, the court can extend the order another five years, or even permanently, if it believes that the victim has a reasonable fear that the restrained person will continue to threaten, harass, or abuse again beyond the original timeframe. It should be noted that new incidents of abuse are not necessary in order to get the order extended, and that the court reserves the right to modify the order if appropriate.

Under a Criminal Protective Order, a judge may prohibit an intimate partner abuse offender from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, destroying personal property, or in any way contacting his or her partner or other specified people. The order could also exclude an offender from his or her home or from the home of his or her children. Additional specified behavior may also be prohibited under the court’s order.

If a victim of intimate partner abuse wishes to obtain a Criminal Protective Order, he or she must first file for a Temporary Restraining Order. A victim may request a Temporary Restraining Order “ex-parte,” which means that the partner does not need to be present. The order is usually granted the same day that it is requested and lasts until the “Order To Show Cause” hearing. An Order To Show Cause hearing takes place about two to three weeks after the Temporary Restraining Order is issued and allows both parties to explain why the order should be extended or revoked. Depending on the evidence presented after hearing from both parties, the judge may decide that a Criminal Protective Order is appropriate.

Whether an individual is the victim or the alleged abuser, hiring an attorney who is experienced in California domestic violence law can help either side get his or her desired outcome at the Order To Show Cause hearing. The victim desiring the order may want to hire an attorney who will help ensure that his or her imminent danger is effectively communicated to the court. The individual who is defending against the order should hire a criminal defense lawyer to make sure that the judge hears both sides of the story and doesn’t simply blindly process the order out of habit. The attorneys at The Kavinoky Law Firm are familiar with every aspect of a domestic abuse case and take the time to explain each step of the criminal court process with their clients. Their reputation for treating their clients with compassion, discretion and respect is exceeded only by their success rate. Click here for a free consultation and for the best representation.

Eyewitness Accounts in a Sexual Battery Case

Eyewitness Accounts in a Sexual Battery Case

Touching another person for the purposes of sexual arousal can lead to a charge of sexual battery in California domestic violence cases among intimate partners. California law defines intimate partners as individuals who are married, divorced, living together, have children together, or who are dating or formerly dating. They can be heterosexual or same-sex couples.

Any type of physical contact, however slight, can be considered touching, regardless of whether it occurs directly, through the clothing of the accused, or through the clothing of the accuser. This offense can be charged even against a partner involved in an ongoing relationship. 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.

Because of the intimate nature of sexual battery, most offenses occur outside the presence of witnesses. As a result, many sexual battery cases are based on “he said, she said” allegations. Eyewitnesses, therefore, play a vital role in helping to prove or disprove an alleged victim’s charge of abuse.

An eyewitness’s job is to tell the judge and/or jury what he or she saw with no inherent bias. Easily said, rarely done. Eyewitnesses almost always have a bias either for or against one of the parties, depending on his or her relationship with each. As a result, the truth generally gets lost in translation.

Because both attorneys have an equal opportunity to examine a witness, witnesses essentially testify for both parties. A skilled criminal defense lawyer knows how to take an eyewitness who is presented by the prosecution and turn him or her into a witness who ultimately helps prove the defendant’s version of the events. Similarly, a good defense attorney will invest time in preparing an eyewitness that he or she intends to “put on the stand” in order to try to make that witness as comfortable as possible with respect to answering questions from both lawyers.

Sexual battery cases are usually based on a highly charged, emotional incident that unfortunately took a turn for the worse. This means that even if there was an eyewitness to the account, that individual may not have witnessed all the events that led to the charged incident and may not have the accurate back-story on what took place before the charged incident. It is the attorney’s job to make sure that this type of information gets relayed to the jury. The experienced attorneys at the Kavinoky Law Firm have successfully defended countless individuals who faced sexual battery charges. They are familiar with all aspects of California’s intimate partner abuse laws and know how to skillfully examine witnesses in ways that are beneficial to their clients. In conjunction with their private investigators, the attorneys not only interview all witnesses but also check each witness’ criminal history to uncover any past conduct that could be considered relevant in weighing that witness’ credibility. A knowledgeable attorney will effectively cross-examine witnesses in a sexual battery case to bring out and highlight discrepancies in their accounts that may otherwise be overlooked.

An eyewitness could potentially be the kiss of death to a defendant facing a domestic abuse charge. When facing a sexual battery charge (especially when there was an eyewitness), it becomes even more critical for the accused to hire an attorney who is competent and experienced in handling witness preparation and who excels in cross-examination. The attorneys at the Kavinoky Law Firm know how to handle different witnesses under a variety of circumstances. Keeping the jury in mind, they know when it is appropriate to examine a witness with care and compassion and they know when it is appropriate to “take the gloves off” to aggressively attack. They are in it to win! Don’t hesitate to contact them today.

Alternative sentencing: Alternatives to jail or prison for an individual convicted of the California domestic violence crime of stalking his or her intimate partner

Alternative sentencing: Alternatives to jail or prison for an individual convicted of the California domestic violence crime of stalking his or her intimate partner

Stalking, will be prosecuted as a crime of domestic violence in California if the defendant willfully followed or harassed and threatened his or her intimate partner with the intent of placing that partner in fear. Intimate partners are married, divorced, dating, formerly dating, living together or persons who have children together. The laws apply to both heterosexual partners and same-sex partners. If convicted, the defendant faces up to a year in jail and up to a $1,000 fine if the charge was prosecuted as a misdemeanor or up to one year in prison if the charge was processed as a felony. Aggravating factors and/or certain prior convictions will likely result in a felony charge, raising the prison sentence to as many as six years. Regardless of how the crime is classified, additional penalties will also be imposed.

Alternative sentencing allows a defendant to stay out of jail or prison, so long as he or she abides by specific conditions imposed by the court. Alternative sentencing is not something that a judge or prosecutor offers to a defendant convicted of a crime, as it is up to a good criminal defense lawyer to advocate for it on behalf of his or her client. The outstanding attorneys at the Kavinoky Law Firm keep current on alternative sentencing options and the ways in which they can be used for persons convicted of D.V. stalking, which allows them to effectively argue for specific alternatives to imprisonment.

Alternative sentencing can vary in supervision, in time commitment and in intensity. Some common alternatives to jail or prison that might be imposed when an individual has been convicted of stalking his or her intimate partner in a domestic abuse case include electronic monitoring or house arrest, probation, counseling for any number of issues, including domestic violence and/or substance abuse and making restitution to the intimate partner, if possible. Although these alternatives are the most commonly used, they are by no means all of the options available to a defendant. A creative attorney may suggest different alternative sentencing options that are tailored directly to his or her client’s needs and that may help rehabilitate the defendant’s behavior in a more effective way than incarceration would. It should also be noted that in a DV stalking case, a court might on its own decide that the Department of Corrections should evaluate the defendant for placement in a state mental hospital if it believes that the rehabilitation of the defendant would be expedited in such an institution.

Courts will take into account a variety of factors when considering whether to impose an alternative sentence when requested. Drugs and/or alcohol, the defendant’s prior criminal history, mental illness and mitigating or extenuating circumstances will all factor into a judge’s decision when he or she weighs the pros and cons of imposing an alternative to jail or prison. The experienced attorneys at the Kavinoky Law Firm will vigorously advocate for their clients and know which circumstances and facts will be likely to persuade a court to grant their request for alternative sentencing. Because of their unparalleled advocacy skills, they have received alternative sentences for many of their clients who were charged with stalking an intimate partner.

Alternative sentencing can be the key to ensuring that an individual convicted of stalking his or her intimate partner maintains his or her liberty and freedom. A stalking charge prosecuted as an intimate partner abuse crime can be a life changing event. One’s reputation, family and freedom are too important to trust to an inexperienced attorney. The attorneys at the Kavinoky Law Firm will fight for their clients by proposing creative alternative sentencing options that will keep their clients out of jail or prison. They specialize in crimes of domestic violence and know what it takes to win. Click here for a free consultation.