The consequences of a California domestic violence stalking conviction

Domestic violence laws, in California, are applicable to all crimes that are committed against one’s intimate partner. Intimate partners are people who have children together, who live together, who are dating or formerly dating and who are married or divorced. The partners may be heterosexual or homosexual. It therefore follows that an individual who follows or harasses and threatens his or her intimate partner, intending to place that partner in fear, will be charged with stalking as a domestic abuse crime. Depending on the circumstances that surrounded the charge, D.V. stalking can be charged as 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 prison. Aggravating factors and/or prior convictions will likely result in mandatory prison time for as many as six years.

Imprisonment is perhaps the most frightening part of a sentence, but it is certainly not the extent of what a defendant convicted of intimate partner stalking faces. A defendant who is convicted of any intimate partner abuse crime will usually be placed on probation (which can be informal if charged with a misdemeanor or formal if charged with a felony). Probation generally remains in effect for at least three years. While on probation for a DV related offense, the defendant will have several mandatory terms of probation with which he or she must comply. These terms include, but are not limited to, enrollment and attendance in a batterer’s class, fines payable to specific domestic violence funds, a protective order issued against the defendant and the booking process.

Penalties for an individual convicted of stalking an intimate partner also include counseling, in addition to enrollment in a batterer’s class and possible confinement in a state hospital if the court decides that the defendant would benefit from treatment due to a possible mental illness. Perhaps the most devastating consequence of a domestic violence stalking conviction is that the defendant may be required to register as a sex offender if the court finds that the defendant stalked his or her intimate partner as a result of sexual compulsion or for the purpose of sexual gratification. If the court finds that registration is appropriate, the defendant must register for life and will face additional penalties, including jail or prison time, if he or she doesn’t comply with all of the requirements that coincide with registration.

Professional licensing restrictions may also face a defendant convicted of stalking his or her intimate partner if it can be proven that the stalking was somehow substantially related to the defendant’s job duties. This means that a conviction could potentially end an individual’s career. Along these same lines, firearm restrictions will be imposed upon a stalking arrest and will remain in effect if the defendant is convicted of the charge. Such a restriction could potentially end an individual’s career if that person must carry a firearm as a part of his or her job.

Civil penalties may also face an individual convicted of stalking his or her intimate partner, as the victim may also sue the defendant in civil court for monetary damages and a civil harassment order.

Clearly, the penalties facing a defendant convicted of stalking his or her intimate partner who was prosecuted under California’s intimate partner violence laws are severe and life altering. One’s freedom and reputation is too important to trust to an inexperienced attorney. The criminal defense lawyers at the Kavinoky Law Firm specialize in domestic abuse crimes and have successfully defended countless individuals who have been charged with stalking their intimate partners. The attorneys excel in preparing the most comprehensive defense strategies and will aggressively advocate for alternative sentencing when appropriate. Click here for a free consultation and for the best representation.

Alternative Sentencing and Its Effect on a California Criminal Threats Domestic Violence Conviction

“Criminal threats” is classified as a California domestic violence crime when an individual threatens to commit a crime against his or her intimate partner that would result in death or serious bodily injury if committed. Intimate partners are married, divorced, dating, were formerly dating, living together or have children together. These intimate partners may be heterosexual or same-sex partnerships. If, as a result of the threat, the recipient reasonably fears for his or her safety, his or her intimate partner may be charged with criminal threats as a domestic abuse crime. If convicted, the accused faces up to one year in the county jail or state prison, depending on whether the charge was filed as a misdemeanor or as a felon.

Although imprisonment is the stated penalty for making criminal threats against one’s intimate partner, there are alternative sentencing options that an experienced criminal defense lawyer may be able to convince a judge that would better serve the interests of justice. The unparalleled attorneys at The Kavinoky Law Firm keep current with all of the different sentencing options that are available to their clients who have been convicted of intimate partner abuse charges so that they can effectively advocate for their imposition as an alternative to jail or prison.

Alternative sentencing comprises a variety of options that serve as alternatives to incarceration. The most common types of alternative sentencing that may be imposed in a conviction for making criminal threats against one’s intimate partner in a Domestic Violence case include probation, electronic monitoring, house arrest, community service or labor, counseling in either an individual or group setting, and paying restitution to the intimate partner when possible. These options are by no means the entirety but are the most frequently used alternatives to serving jail or prison time. Depending on which alternative is sought, a skilled attorney may be able to convince the court that alternative sentencing will be more effective in acting as a deterrent to future criminal conduct, as the requested alternative may have a rehabilitative element to it, as opposed to imprisonment which only serves to punish.

When considering whether to impose an alternative sentence to jail or prison, a judge will take into account several factors. The court will want to know whether drugs and/or alcohol were involved in the charged incident or are regularly used by the defendant, whether there were any mitigating or extenuating circumstances that led to the commission of the crime, and whether the defendant suffers from any mental illness. An experienced lawyer knows what facts and circumstances are likely to persuade a judge that alternative sentencing is a more appropriate penalty than jail or prison and will advocate for his or her client accordingly.

A California domestic abuse charge such as “criminal threats” jeopardizes an individual’s reputation, career, family and freedom the minute the accusation is made, especially when a jail or prison sentence awaits. Alternative sentencing can make all the difference, which is why it is imperative that an individual facing a criminal threats charge hires an attorney who is familiar with available sentencing alternatives and knows how to effectively argue for their application. The outstanding attorneys at The Kavinoky Law Firm will do their best to help keep their clients out of jail or prison by proposing creative alternative sentencing options that meet each client’s needs. A skilled defense lawyer can explain the complexities of a California criminal threats prosecution during a free consultation.

Defenses to Violating a Protective Order

There are many effective defense strategies available to fight California domestic violence charges such as violation of a protective order. Protective orders are issued by courts in domestic abuse cases to bar offenders from engaging in specific acts of abuse, re-entering their own homes, or behaving in certain ways.

Any intimate partner can be charged with a California domestic abuse offense, including straight or gay individuals who are married, divorced, living together, have children together, or who are dating or were formerly dating.

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 penalty of one year in jail and a $1,000 fine. If the violation results in physical injury to the alleged victim, 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 may even punish an offender for violating an order in California that was issued in another state.

The good news is that there are many effective defenses in domestic abuse cases. In an effort to acquit the accused, a good defense attorney will employ as many defenses as he or she can, which all include a thorough review of the facts, witness preparation and effective cross-examination. Altercations between intimate partners are emotional, highly charged incidents that can be interpreted in more than one way. A skilled criminal defense lawyer will ensure that the defendant’s version of events is not only heard by the jury, but believed as well.

Because injury is not a requirement when charging an individual with violating a protective order, any physical evidence and/or eyewitness testimony that supports or negates the charge can be critical to either party. Depending on the circumstances, a good defense lawyer will attempt to either discredit both or alternatively make them favorable to the defense. Similarly, if the protected party sustains no injury and there is no documented proof of the violation or any credible eyewitnesses to the violation, the defense attorney may argue that there is insufficient evidence to prosecute the defendant. A skilled attorney will also know how to address mitigating circumstances that may either reduce or negate the charge. These are just some of the reasons why it is so important to have professional legal representation experienced in this area of the law.

Some other defenses to this crime include legality (was the protective order issued for a lawful purpose?) and knowledge (did the defendant actually know the order existed and have the opportunity to read and/or understand its contents?). Self-defense or the defense of others could be a possible defense, depending on the circumstances surrounding the alleged violation. When an experienced domestic violence attorney reviews the facts of the case, he or she knows how to spot the issues that could ultimately defend his or her client and how to most effectively present them to the court.

Domestic violence statistics reveal that many couples who are involved in an abusive relationship are both victims and both abusers. This means that an accused may also be the victim of his or her intimate partner’s abuse and should not legally bear sole responsibility for the alleged incident. Another example of this power struggle (which is also another common defense) is when the protected party (or so-called “victim”) makes false allegations. A skilled defense attorney knows how to effectively cross-examine a “victim” to prove that the allegations were indeed false and initiated out of anger, jealousy or revenge.

An intimate partner abuse charge such as violating a protective order jeopardizes the defendant’s reputation, livelihood and freedom. In an aggressive effort to acquit their clients, the knowledgeable defense attorneys at The Kavinoky Law Firm will effectively communicate these defenses to the judge and jury. An experienced defense lawyer can outline an aggressive strategy to defend California domestic violence charges during a free consultation.

Domestic violence counseling

In California, when a defendant is convicted on a domestic violence charge, he or she will usually be sentenced to a batterer’s class as a condition of probation. The classes that the court requires are held once a week for a year, although anyone can attend more frequently. These classes are geared towards people who need treatment to help manage their anger and violent outbreaks. With respect to abusers, the goal of counseling is to help them learn to walk away from potentially explosive situations without resorting to violence. To achieve this goal, 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.

In addition to mandating a batterer’s class, if the court finds evidence that the defendant was using alcohol or drugs at the time of the violent episode (which, according to domestic violence statistics, is often the case), it may order that the defendant additionally attend a specified number of Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings which are free of charge.

Experienced criminal defense lawyers like those at The Kavinoky Law Firm are sympathetic to what their clients are going through when charged with intimate partner abuse. They have successfully defended countless California domestic abuse cases, treating each client with respect and compassion. In situations where the defendant was placed on probation, they helped ensure that their client followed through with each condition of probation so that he or she would ultimately be able to apply to have their criminal conviction expunged. They have many resources available to them to aid their clients in fulfilling their probationary conditions as conveniently as possible.

Counseling is also available to victims of domestic abuse. Victims of intimate partner violence require special care and treatment. Services frequently include private or group therapy, vocational training, and lessons on how a victim can safely flee from a violent partner. The goal of this therapy is to empower the victim to leave an abusive relationship behind in order to secure his or her safety and the safety of involved children.

Oftentimes the accused has also been the victim of abuse by his or her partner. Domestic violence statistics reveal that many couples who are involved in an abusive relationship are both abusers and both victims. This fact applies to both men and women involved in heterosexual and homosexual relationships. When such is the case, it is important that the accused also receives counseling as a victim. The caring attorneys at The Kavinoky Law Firm become closely involved with their clients to make sure they are receiving all appropriate outside assistance. They have referrals for all types of counseling services, regardless of gender or sexual orientation, and they will ensure that their client is referred to an appropriate class where his or her native language is spoken.

Being arrested on a California domestic abuse charge is a serious matter with serious consequences. Trying to navigate this very technical and complex area of the law without the best legal representation is a mistake that can have devastating consequences. Hiring a skilled attorney from The Kavinoky Law Firm as soon as possible after a domestic violence arrest is imperative to a successful defense. Click here for a free consultation.

Professional Licensing Restrictions and the Violation of a Protective Order

Under California’s domestic violence laws, an intimate partner can be charged with violation of a protective order. Intimate partners can be straight or gay and may be married, divorced, living together, have children in common, or currently or formerly dating.

California courts often issue protective orders in domestic abuse cases that bar the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. 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 penalty of a one year jail sentence and a $1,000 fine.

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 addition, if the accused has prior convictions for violating a protective order, he or she will also likely serve additional mandatory jail time.

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 violating a court order 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 a conviction for violating a protective order (under most circumstances) is not substantially related to the “qualifications, functions, or duties” of the defendant’s 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 arrested for violating a protective order or if recently convicted of the 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 can answer any questions about professional license restrictions or any other aspect of a California domestic violence charge during a free consultation.

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Domestic violence cases will be more difficult to prosecute following a U.S. Supreme Court decision that will make it harder for prosecutors to use out-of-court statements as evidence against defendants.

The court ruled that allowing a murder victim’s earlier reports to police to be admitted as evidence denies the suspect’s right to confront his accuser unless the killing was committed to silence the accuser.

The court ruled 6-3 to overturn the murder conviction of a Los Angeles man who shot and killed his girlfriend. The man claimed the killing was done in self-defense but was convicted after a police officer testified that the woman had reported that the man threatened her life.

Until 2004, prosecutors could introduce statements made by victims who were unable or unwilling to testify, including statements made to police.  Police can now testify about what they witnessed, but cannot repeat statements made by the victim unless prosecutors can prove that the victim was killed in order to silence him/her.

However, proving that a killing occurred to silence the victim is extremely difficult. The court’s ruling will also impact domestic violence cases where the victim is available to testify but unwilling to do so.

To learn more about prosecution and defenses to California domestic violence cases, contact a skilled defense lawyer from The Kavinoky Law Firm today for a free consultation

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The Possible Consequences of Domestic Violence in California

Domestic violence is a “wobbler” crime in California, and it can be charged and prosecuted either as a misdemeanor or a felony. A Sacramento criminal attorney can explain the likely consequences of a particular domestic violence charge best, because this requires an understanding of how the local and state statutes and penal codes determine the gravity of the offense and appropriate punishment.

In general, California law establishes the baseline consequences for a domestic violence conviction. If convicted for a misdemeanor, the potential sentence includes minimum of a 52-week domestic violence course with behavior counseling, 40 hours of community service, a “No Contact Order” with the victim, and several different fines. Many times the prosecutor will not try to get the maximum fine and many judges will not opt for more than a month of jail time, though a maximum of a year is possible. In many cases, alternate sentences that increase the financial cost but eliminate jail time in favor of a work program are possible.

A felony conviction entails a similar domestic violence program, more community service, the same no contact order, significantly higher fines, and a minimum jail sentence of three months. Depending on the severity, this can take the form of a year or more in prison, or something less serious such as supervised probation. In either case, local statutes leave a wide range of sentences for the prosecution and the judge to choose from depending on all the related factors.

No matter what your circumstance, whether you are a victim of domestic violence or have been charged with the crime, you need a Sacramento criminal attorney immediately. The right attorney can help protect you, help you get the counseling or therapy you need, and see that local and California laws are executed fairly for the sake of the victim and the accused .The end goal is the appropriate sentence so that both people can lead better, safer lives.

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If you have been the victim domestic violence and want to press charges against your abuser but are afraid to do so, the first step you need to take is to reach out to a Los Angeles domestic violence attorney. Surprisingly, a Los Angeles criminal defense lawyer with domestic violence experience can often offer very sound advice as to your first steps depending on your circumstances. They will almost always include finding a way to make yourself safe from your abuser such as moving out.

You need to understand a few things about domestic violence. If you have been a victim, pressing charges may be emotionally and practically difficult, especially if the abuser is your spouse or the parent of your child. He or she may threaten you or attempt to prevent you from informing the police or testifying, which is illegal but can be quite coercive. And if the only evidence of the abuse is your word, the abuser’s defense lawyer will almost certainly attack your character in court, so you need to prepare to defend yourself despite your stressed emotional state. Once you have contacted a lawyer to begin preparing your legal charges, and moved out or done what you need to make yourself safe from the abuser, you should also call the police.

In dire circumstances, this should actually be your first step as the police should come and arrest the accused abuser and get him or her out of the house. They can also collect immediate evidence of the abuse at this point, or direct you to a police medical examiner to look for physical or emotional signs of abuse. This is important because this evidence will service as the primary foundation for your case and will make it more difficult for a Los Angeles criminal defense lawyer to weaken the case by assaulting your character. You will have to tell the police you want to press charges, and it can be difficult to persevere when put on the spot about having your partner tried for abuse. But in the end, nobody should live in fear of abuse, least of all children, so you will find you are doing the right thing to seek legal help and press domestic abuse charges.