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.

Child Sexual Abuse as a California Domestic Violence Crime

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

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

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

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

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

Defense Attorneys for Child Abuse Law

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

Batterer’s Classes and Infliction of Injury

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

If an individual willfully inflicts any injury, no matter how minor, upon the body of an intimate partner, he or she can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000. This charge can be brought against a defendant even if he or she barely touched the intimate partner.

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

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

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

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

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

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

Recanting Victims and Infliction of Injury

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

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

If the “victim” chooses of his or her own free will that calling the police was a mistake for any reason, it is best for both partners to speak with an attorney who will help decide the best course of action. Many times the “victim” thinks that recanting (which means to take back or deny) the original story or not cooperating with the police or prosecution will help the defendant. Unfortunately, that is incorrect. In fact, in an intimate partner abuse case, the prosecution usually expects that a victim will recant and knows exactly how to proceed under that type of situation. A genuine recanting victim can be extremely harmful to the defendant if not first guided by an attorney.

When a victim recants, there are two major issues that arise. The first is that evidence that may otherwise have been inadmissible during the trial will now likely be admissible, and the second issue is that a “recanting victim” gives the prosecution a great argument against the defendant. Beginning with the first issue, when a victim recants his or her story, the prosecution is allowed to introduce a recording of the call that the “victim” made to the police as well as any statements made to the police during the initial investigation. Because these statements were made in the heat of the moment and possibly out of revenge or stemming from some other motive, these statements can be devastating to the defense. Looking at the second issue, when a “victim” recants, the prosecutor usually brings in an expert witness who testifies that the victim is recanting because he or she has either been threatened by the abuser into doing so or that he or she is afraid of what further abuse might take place if he or she doesn’t recant. The expert will further explain that recanting is part of the cycle of abuse and that the “victim” likely suffers from “battered person’s syndrome”.

As previously stated, domestic abuse applies to intimate partners. It is the very nature of these types of intimate relationships that causes such highly charged, emotional disputes that are often blown out of proportion. An experienced lawyer is the key to making sure that the judge and jury not only hear that that was the case, but believe it as well. A highly qualified defense attorney from The Kavinoky Law Firm can help both parties navigate through the system with knowledge and compassion. The attorney will develop the most effective defense strategy to put an end to a terrible situation that simply spiraled out of control. Click here for a free consultation.

Batterer’s Classes and Sexual Battery

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

If a person touches an intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse, he or she may be charged with sexual battery. “Touching” can be any physical contact – however slight – whether done directly, through the clothing of the accused, or through the clothing of the accuser. Sexual battery can be charged even between partners involved in an ongoing, intimate relationship. Depending on the circumstances, the crime can be charged as a misdemeanor or a felony with penalties of up to one-year in jail or up to four years in prison and fines of up to $10,000.

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

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

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

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

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

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

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

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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.

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• Crack Cocaine Cases

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