Infliction of Injury’s Aggravating Factors

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

While that is the basis of an infliction of injury 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 not only aggressively defend the charges, but will also do their best to keep all penalties to a minimum by arguing the injustice involved in imposing additional penalties.

In an infliction of injury case, if the accused either lives with or lived with the alleged victim or a minor (a person under 18 years of age), or the accused is married to the victim, or the accused is a parent, step-parent, adoptive parent, foster parent, or other blood relative of the minor, and the alleged abuse occurs in the presence of or was witnessed by that minor, the accused will face an aggravated sentence if convicted of the crime.

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.

In addition to the issue of aggravating factors just described, the consequences of a conviction for infliction of injury 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 infliction of injury in a case where the victim was seriously injured faces up to a total of nine years in prison.

With such devastating consequences, it is imperative that an individual who has been arrested on an infliction of injury charge hires a qualified criminal defense attorney who is familiar with all of the defenses that apply to this charge. 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. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best! Click here for a free consultation and for the best representation.

Types of Same-Sex Domestic Violence Charges

Same-sex domestic violence refers to physical, emotional and financial abuse that is committed against one’s current or former intimate partner as a way of trying to gain and maintain control over that partner. Intimate partners are people who are dating, were formerly dating, living together, were formerly living together or who have children together. Although same-sex intimate partner abuse isn’t as widely discussed as heterosexual domestic violence, statistics reveal that intimate partner violence takes place at about the same rate in same-sex partnerships as it does in heterosexual relationships.

Domestic violence laws in California apply to all persons regardless of their sexual orientation. Depending on the severity of the crime and the actual crime committed, D.V. crimes may be filed as misdemeanors, felonies or “wobblers” (meaning that the crime may be prosecuted as either a misdemeanor or as a felony). The penalties for intimate partner abuse range from fines to prison and consist of other consequences that include counseling, possible registration as a sex offender, and child custody issues, to name a few. The following is a sampling of some of the crimes that are commonly filed as crimes of domestic violence in California, against gay and lesbian partners and against heterosexual partners alike.

Infliction of injury, a felony, may be charged against an individual if he or she purposefully inflicted a physical injury upon his or her intimate partner.

Battery is usually charged as a misdemeanor and may be filed against an individual who even just barely touched his or her intimate partner against that partner’s will. The charge will be filed as a felony if the partner suffered a serious injury as a result of the contact.

Sexual battery is a wobbler and will be filed as a misdemeanor if, for the purpose of sexual abuse, gratification or arousal, a person touched his or her intimate partner against that partner’s will. This crime will be filed as a felony if, at the time of the touching, the intimate partner was unconscious, drugged, disabled, institutionalized or unlawfully restrained.

If an individual intentionally violated a protective order that the court previously issued against him or her that named his or her partner as the protected party, the offender faces a misdemeanor conviction, unless he or she has a prior conviction for the same offense, in which case the crime may be filed as a felony.

If an individual prevented, dissuaded or attempted to prevent or dissuade his or her intimate partner from initiating a criminal complaint or from taking part in any other type of criminal proceeding, he or she may be charged with witness intimidation, which is a wobbler.

Criminal threats, which is another wobbler, may be charged when an individual threatened to commit a crime against his or her intimate partner that would have resulted in serious injury or death to that partner if carried out, and the partner feared for his or her safety as a result of the threat.

When a person follows or harasses and threatens his or her intimate partner, with the intent of placing that partner in fear, he or she may be charged with stalking, as either a misdemeanor or a felony. The crime will definitely result in a felony charge if the offender also has certain prior convictions.

When facing a same-sex intimate partner abuse charge, it is imperative that the accused hires a criminal defense lawyer who not only specializes in California DV crimes, but who is also sensitive to the special issues that gay and lesbian couples face within this area of the law. The trustworthy attorneys at The Kavinoky Law Firm have successfully defended countless individuals facing intimate partner violence charges, and treat each client with the respect, discretion and compassion that he or she deserves. Contact The Kavinoky Law Firm today for a free consultation.

Registration as a Sex Offender upon a Sexual Battery Conviction

An individual who touches an intimate partner for sexual gratification against that person’s will can be charged with sexual battery. Under California domestic violence law, intimate partners can be couples who are heterosexual or homosexual, married, divorced, cohabitating, have children together, or who are dating or formerly dating.

“Touching” in a California sexual battery case can be defined as any physical contact – however slight – whether it occurs directly or through the clothing of one of the partners. Even an individual involved in an ongoing intimate relationship can be charged with sexual battery.

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. If the offense occurs while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence can 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. The offender also will be required to register as a sex offender.

In California, when a convicted defendant is required to register as a sex offender, it is for the rest of his or her life while living, working or going to school this state. Upon registration, he or she must pay $200 upon a first conviction or $300 upon a second or subsequent conviction in addition to any fines imposed on the open case that will go to a general fund disbursed through the Department of Justice.

The offender must personally register his or her address (or addresses if the defendant has more than one address where he or she regularly lives) with his or her local law enforcement agency and with the campus police of any college that he or she attends within 5 days of the requirement. The registering agency then passes the information along to the Department of Justice Violent Crime Information Network.

An individual who works in California but lives out of state must register here if required to register as a sex offender in his or her home state. Changes of address or name changes must be immediately reported to one’s local agency as well. In addition, if an individual who has registered as a sex offender in California moves, he or she may further be required to register in any other state where he or she relocates. Failure to follow any of these requirements within the specified timeframe will be penalized with an additional criminal charge of either a misdemeanor or felony, depending on how the original charge was filed, punishable by up to one-year in the county jail for a misdemeanor or by either 16 months or two or three years in the state prison for a felony.

The consequences of registering as sex offender are life-altering. If facing a sexual battery charge, it is critical to hire an attorney who is experienced in this complex and technical area of the law to help avoid this severe consequence. The attorneys at the Kavinoky Law Firm are familiar with every aspect of a California domestic abuse case and have successfully defended countless individuals, treating each with compassion and respect. An experienced defense lawyer can answer any questions about a sexual battery charge or any California domestic violence offense during a free consultation.

Emergency protective orders issued in connection with a California domestic violence stalking allegation

Stalking, when charged as a California domestic violence crime, takes place when an individual willfully follows or harasses and threatens his or her intimate partner with the specific intent of placing that partner in fear for his or her safety. Intimate partners, regardless of their sexual orientation, are married, divorced, living together, dating, formerly dating and persons who have children in common.

Emergency protective orders may be issued upon the request of an officer if he or she believes that a person is in immediate and present danger of being stalked by his or her intimate partner based upon that person’s allegations that he or she has been willfully, maliciously and repeatedly followed or harassed and threatened by his or her intimate partner.

Upon such an allegation, the officer must submit his or her request to a specially assigned judge who approves or denies emergency protective orders around the clock. The officer’s order must state the reason that the officer believes the order is warranted, the date and time that the order expires (which is between five and seven days after it is issued and served on both parties), the address of the local superior court and instructions, in both English and Spanish, that advise both the protected party and the restrained individual that the order will be in effect until the date and time listed. For the protected party, the order states that he or she may consult with an attorney about seeking a more permanent protective order. For the restrained individual, the order states that he or she may also want to consult with an attorney because the protected party may seek a more permanent order. It additionally states that the restrained party may not own, possess, purchase or receive or attempt to purchase or receive a firearm while the order is in effect.

The order will be issued if the judge believes that the officer’s application was based on reasonable grounds that there was an immediate and present danger of stalking and that the order is necessary to prevent the occurrence or further occurrence of the intimate partner’s stalking. The order may include a harassment protective order or a workplace violence protective order.

If the restrained individual violates any provision of the order (either with respect to engaging in further stalking behavior or by violating the firearm restriction), he or she is subject to being charged with contempt of court, punishable as a misdemeanor by up to one year in the county jail and/or by a maximum $1,000 fine. If the restrained party is also found guilty of the crime of stalking, that punishment will likely be imposed in lieu of this penalty.

Being served with an emergency protective order as the result of a domestic abuse stalking accusation can have severe consequences. In order to fully defend oneself against such an allegation, it helps to hire a qualified criminal defense lawyer to convince the judge that such an order is unwarranted. The skilled attorneys at the Kavinoky Law Firm specialize in intimate partner abuse cases and have successfully defended countless individuals who were accused of D.V. stalking. They have the training and experience to help an individual accused of stalking defend against the devastating consequences that a conviction could bring. Click here for a free consultation and for the best representation.

Elder Abuse as a California Crime of Domestic Violence

California domestic violence refers to any abuse that is directed at an intimate partner (a person’s spouse, former spouse, the person with whom one has children, the person with whom one lives or formerly lived or one’s significant other or former significant other, regardless of sexual orientation), one’s child, grandchild, parent or grandparent. When this abuse, whether it be physical, emotional or financial, is specifically directed at a person over sixty years of age who is one of the above-mentioned persons, the abuse will be treated as elder abuse, and prosecuted under California’s domestic violence laws.

Elder abuse, defined under California’s D.V. laws, is the mistreatment of an elder by the elder’s child, grandchild or intimate partner. The abuse may be physical, emotional, financial or may be in the form of neglect, and these different types of abuse are often used in conjunction with each other. Elder abuse occurs in every type of family, regardless of social, economic or ethnic backgrounds and is a growing problem in this country.

Physical elder abuse takes place when an intimate partner or other specified family member intentionally uses physical force against the elder that could result in pain, harm or bodily injury. Some of the most common types of physical abuse include acts of violence, inappropriately administering drugs to the elder, physically restraining the elder and physical punishment. The sexual abuse of an elder is a type of physical elder abuse and is defined as any non-consensual sexual contact with the elder by his or her intimate partner or other family member. A family member’s sexual abuse of an elder would also result in an incest charge, punishable as a felony by imprisonment in the state prison.

Emotional elder abuse, also known as psychological or verbal elder abuse, occurs when the elder’s family member or intimate partner threatens the elder, inflicts mental anguish upon the elder, isolates the elder from other family members or friends or humiliates the elder. Any of these forms of emotional abuse may be verbal or conveyed through nonverbal conduct.

Elder abuse in the form of neglect takes place when the elder’s intimate partner or family member who is responsible for providing care to the elder either refuses or fails to fulfill that responsibility. This type of neglect can be physical if, for example, basic needs aren’t met with respect to giving the elder food, shelter and clothing and/or health and/or hygiene issues are ignored, or can be financial abuse if, for example, the offender is responsible for paying the elder’s bills and doesn’t. Neglect can also take on the form of emotional abuse if attention simply isn’t given to the elder in need.

Financial elder abuse takes place when an elder’s intimate partner or other family member either mismanages the elder’s money, property or other assets or steals from the elder. Examples of financial abuse include, but are not limited to coercing or deceiving the elder into signing a legal document that deals with his or her estate or other funds, forging the elder’s signature for financial gain, cashing his or her checks or selling his or her possessions without permission.

People who suspect that an elder is being abused should either call 911 or Adult Protective Services at 1-877-4-R-SENIORS to report the suspected abuse. Contacting a California criminal defense attorney may also be helpful to learn about any possible legal rights and remedies that may be available to the elder. However, if charged with elder abuse, it is critical that the accused hires a criminal defense lawyer who is familiar with California’s domestic violence and intimate partner abuse laws as soon as he or she is arrested. The experienced attorneys at The Kavinoky Law Firm specialize in domestic abuse law and have successfully defended countless individuals charged with these types of crimes. To discuss an elder abuse matter, contact them today for a 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.