Domestic battery, which is also referred to as “spousal abuse” or “spousal battery,” is a domestic violence offense involving intimate partners. Intimate partners can include couples who are heterosexual or homosexual and may be married, divorced, living together, have children in common, or be dating or formerly dating.

Battery is referred to as a “wobbler,” meaning an offense that can be charged as either a misdemeanor or a felony depending on the circumstances. Anyone who willfully and unlawfully uses force or violence upon an intimate partner can be charged with misdemeanor battery punishable by a maximum of a one-year jail sentence and a $2,000 fine. This charge can be brought against a defendant even if he or she used the slightest force.

However, any time an intimate partner suffers serious bodily injury, such as broken bones, loss of consciousness or a concussion, the battery will likely be charged as a felony with a maximum penalty of four years in state prison.

When a suspect is arrested on a felony battery charge, or most other California domestic abuse charges, the law forbids the defendant from being released on bail in an amount that is either higher or lower than that contained in the bail schedule or on his or her own recognizance (commonly called OR) without first having a court hearing.

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 to determine whether to raise or lower the set bail amount or to release the defendant OR. When the judge makes decisions about bail, he or she presumes that the accused is guilty and makes 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 a criminal defense lawyer who has experience with every phase of an intimate partner abuse case.

If the judge denies the defendant an OR release (which is common in intimate partner abuse cases) and the accused must post bail, he or she may be released through one of two different methods: Posting cash bail, or securing 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 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 charge ten percent of the bond amount as his fee. The bondsman may also require “collateral” (which is usually a car, house or something else of great value) to secure the bond. This means that if the defendant doesn’t repay the bond, the bondman has the legal right to keep or sell the defendant’s collateral. Once the case is over, the bond is exonerated, and the collateral is then released.

A domestic violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. One’s reputation, career, family and freedom are jeopardized the minute the arrest is made.

California Battery Defense Attorney

Because California is so strict with its battery offenders, it is critical to contact a skilled California defense 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 individuals charged with domestic abuse crimes, contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.

Professional license restrictions and their relationship to a California criminal threats domestic violence conviction

“Criminal threats” may be charged against an individual who threatens to commit a crime against someone that, if committed, would result in serious bodily injury or death to that person. When the person receiving the threat is the intimate partner of the person making the threat, the crime will fall under California’s domestic violence law. Domestic violence encompasses all crimes where the “victim” of the crime is an intimate partner of the offender. Intimate partners include persons who are married, divorced, dating, formerly dating, living together and who have children in common. These laws apply to same-sex partnerships and heterosexual couples. If, as a result of the threat, the intimate partner reasonably feared for his or her safety, regardless of whether the individual issuing the threat had any actual intent of seeing it through, a criminal threats charge would be filed and prosecuted as a domestic abuse crime, punishable as either a misdemeanor or felony by up to one year in county jail or state prison.

While many would assume that a jail or prison sentence would be the most severe punishment that an individual would face following a conviction for a D.V. related criminal threats conviction, there may be situations where they would be incorrect. California law allows a licensing board, under certain circumstances, to suspend or revoke an individual’s professional license upon a criminal conviction, which could, in effect, end an individual’s career. It is this type of situation that could potentially be more severe than imprisonment, as one’s livelihood could be threatened. Professional legal representation can help fight against such a restriction arguing, that in most cases, such a restriction would be illegal.

California law permits a suspension or the revocation of one’s professional license by the licensing board that issued the license if the license holder has been convicted of a crime that substantially relates to the duties, functions or qualifications of that individual’s profession. This restriction may be imposed following a guilty plea, a “no contest” plea, a verdict in a jury trial or a trial by judge and make take effect as soon as the defendant’s timeframe for appealing his or her conviction has lapsed, once his or her conviction has been affirmed on appeal or when he or she is placed on probation. Some professional boards maintain private standards that are even more restrictive with respect to disciplining their license holders.

Restrictions on one’s professional license can have a devastating impact on one’s career, family and life. In order to best defend against such a restriction, it may be beneficial to hire a skilled attorney who can make a case against its applicability. An attorney has the resources and knowledge to defend against a prejudiced board that tries to impose a restriction on one’s professional license that is, simply put, illegal and sought out of a desire to inappropriately punish an otherwise competent professional. A lawyer would likely be able to prove that a conviction for an intimate partner abuse case such as making criminal threats is not substantially related to the qualifications, functions or duties of the license holder’s profession.

When arrested for making a criminal threat against an intimate partner, it is imperative that the accused immediately hires a criminal defense lawyer who is familiar with domestic violence crimes, their special issues and their potentially overwhelming consequences. The experienced attorneys at the Kavinoky Law Firm have successfully defended many individuals who were charged with criminal threats and, in turn, have helped them keep their careers, families and freedom.

Hearsay and 911 Calls in a Violation of a Protective Order Case

Hearsay and 911 calls can be entered as evidence in violation of protective order prosecutions and other California domestic violence offenses involving intimate partners. California law defines intimate partners as heterosexual and gay individuals who are married, divorced, living together, have children together, or who are currently or were formerly dating.

Protective orders include orders issued by the court that prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. Anyone who knowingly violates a protective order can be charged with a misdemeanor, which is punishable by a maximum penalty of one year in jail 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.

With these consequences, violating a court order is a serious accusation. That is why it is imperative for the accused to hire an attorney who is knowledgeable not only with respect to California domestic abuse crimes but with the types of evidentiary issues that frequently arise during these types of trials. The experienced criminal defense lawyers at The Kavinoky Law Firm have successfully defended countless individuals who were charged with violating a protective order issued to protect their intimate partners. The attorneys receive ongoing training and education about intimate partner abuse cases and the issues that commonly surround these types of cases. They know how to argue for admission or exclusion of hearsay and 911 evidence to provide the most effective defense for their clients.

“Hearsay” is a legal term that refers to statements that were made out of court that are later offered in court as evidence of their truth. Although hearsay evidence is generally inadmissible in criminal proceedings, there are exceptions to that rule, and intimate partner violence cases are one of those exceptions. Under California law, hearsay statements, including 911 telephone calls, are relevant in domestic abuse cases.

This exception admits into evidence statements made by the protected party at the time when he or she was experiencing or witnessing the violation that is the subject of the case. The rationale behind this exception is that the spontaneity of such statements and the lack of opportunity for reflection and deliberate fabrication provide an adequate guarantee of their trustworthiness. Clearly this isn’t the case in reality, as many 911 calls have been placed under false pretenses and based on underlying motives such as anger, revenge and jealousy.

Nonetheless, these statements are admissible into evidence and, in a vigorous effort to convict the defendant, the prosecutor will seek to have the investigating officer read the protected party’s statements to the jury and will also ask the judge to play the recorded 911 call for the jury. However, even the exceptions have exceptions, which is why it is so important to have professional legal representation that is familiar with this area of the law.

Because of the highly complex and technical rules (and exceptions to those rules) that come into play in a California intimate partner abuse case, having a skilled and qualified defense lawyer who knows how to exclude or downplay this type of evidence is critical. The attorneys at The Kavinoky Law Firm have both the knowledge and experience to aggressively tackle any issue that may arise in a violation of a protective order case. A knowledgeable defense lawyer can answer any questions about a California domestic violence charge during a free consultation.

The types of child abuse that will be prosecuted under California’s domestic violence laws

Child abuse, defined under California’s domestic violence laws, is any abuse, including physical, sexual, emotional abuse or neglect, that is directed as one’s child, under the age of 18, whether the child is personally the victim of the abuse or whether he or she is a witness to the abuse that is taking place in his or her home.

Child abuse is, unfortunately, a rapidly growing problem in this country and California is among the toughest states on child abusers. It exists in all parts of the country and occurs in homes regardless of the race, religion or economic status of its residents. Both homosexual couples and same-sex partnerships are guilty of abusing their children and its effects on children are overwhelmingly devastating.

Physical child abuse will be prosecuted as a California crime of domestic abuse when an individual intentionally inflicts an injury upon his or her child. About 25% of all of the confirmed cases of child abuse in this country involve physical abuse. Incidents of physical abuse generally occur when a parent is stressed and unable to control his or her impulses, which leads the parent or her to strike his or her child, oftentimes without consideration for his or her consequences. Other times, a child may become the victim of physical abuse if he or she tries to intervene to protect a parent who is being abused. Unfortunately, due to an adult’s size and strength, a parent may unintentionally severely injure or even kill his or her child during a moment of rage. Sadly, many parents who abuse their children were also abused as children and don’t realize that physical punishment is an inappropriate form of discipline.

Child sexual abuse will be treated as a D.V. crime when an activity is either performed on one’s child or performed in front of one’s child that is for the sexual gratification of the parent. It includes, but isn’t limited to, sexual touching or intercourse, allowing one’s child to watch pornography and persuading one’s child to expose his or her sexual organs.

Emotional abuse will be charged as a DV crime when one rejects, criticizes, terrorizes, ignores or isolates his or her child. Although emotional abuse is the third highest form of reported child abuse, following physical abuse and neglect, it is believed to be vastly underreported because it is difficult to prove and is usually seen in connection with other types of abuse. Emotional abuse, when directed at one’s child, can be one of the most destructive types of abuse that a child can suffer. Children who are consistently shamed, rejected or ignored suffer at least as much pain as a child who is physically abused and, most likely, even more. A child who is emotionally abused by his or her parent will often display destructive behavior, may engage in drug and/or substance abuse, will have a difficult time establishing relationships with others, will withdraw, will suffer from poor self-esteem and may ultimately even attempt suicide.

Neglect is a type of child endangerment that exists when a parent fails to satisfy his or her child’s basic needs. The neglect can vary and may include a parent not providing supervision, shelter, food or clothing, a parent ignoring his or her child’s emotional or psychological needs (for example, permitting drug and/or alcohol abuse in the home which is witnessed by the child) or a parent failing to ensure that his or her child receives proper schooling and medical treatment when necessary.

The penalties for domestic violence related child abuse are severe and may have life changing consequences for everyone involved. The offender faces child custody issues, significant jail or prison time and many other requirements that are imposed in an effort to both punish and rehabilitate the individual. To help keep these possibilities from becoming a reality, contact the criminal defense lawyers at the Kavinoky Law Firm today for a free consultation.

Eyewitness Accounts and Infliction of Injury

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

Because of the intimate nature of domestic abuse, most violent situations occur outside the presence of witnesses. As a result, many infliction of injury 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.

The job of an eyewitness is to simply 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 them. As a result, the truth generally gets lost in translation.

There is a common misconception that a witness testifies for either the prosecution or the defense, but that is truly not the case. Since both parties have a chance to examine the 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 sure that he or she is comfortable with answering questions and to ensure that the witness doesn’t get tripped up by the prosecutor’s cross-examination.

Infliction of injury 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 abuse, 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 infliction of injury 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 the criminal history of each witness to uncover any past conduct that could be considered relevant in weighing that witness’s credibility. A knowledgeable attorney will effectively cross-examine witnesses in an infliction of injury 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 an infliction of injury 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 diverse 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. Click here for a free consultation and for the best representation.

Domestic Violence Civil Protective Orders

Civil Protective Orders are one type of protective order available to victims of domestic violence. In California, domestic violence laws apply to disputes between intimate partners. These partners may be married or divorced, cohabiting, have children in common, dating or formerly dating. The laws apply to both heterosexual couples and same-sex partnerships.

Unlike their criminal counterparts, a civil protective order doesn’t require that the person seeking the order and the restrained individual share an intimate relationship, even though they often do. Although it is common for a victim of intimate partner abuse to file for a Criminal Protective Order, it is advisable that he or she applies for a Civil Protective Order as well. A skilled attorney can help explain the importance of having both orders and will aid in the requesting party in successfully obtaining them.

Although Civil Protective Orders and Criminal Protective Orders can offer the same protection to victims of domestic abuse, the proof necessary to obtain the orders is different. When requesting a Criminal Protective Order, the individual seeking protection doesn’t need to be a victim of actual violence. For example, the requesting party can obtain the order if he or she is a victim of harassment, disturbing telephone calls, unwanted e-mails or verbal abuse. However, when requesting a Civil Protective Order, the individual seeking protection must prove that he or she is the target of actual violence or is reasonably in danger.

The process for obtaining a Civil Protective Order is almost identical to obtaining a Criminal Protective Order, except that the requesting party applies for a civil harassment order instead of a domestic violence protective order. Another difference is that there may be a fee for applying for a civil protective order whereas the fee for a domestic violence protective order is waived. Both processes involve an application for a Temporary Restraining Order and then an “Order To Show Cause” hearing to determine if the order is warranted. In the civil process, there must be reasonable proof that the accused is guilty of the abuse.

In general, a Civil Protective Order will prohibit the restrained individual from coming within a certain number of yards from the protected party. However, depending on the circumstances, the order can be much more restrictive and can include the same protections available under a Criminal Protective Order. Unless a specific end date is listed, the order will expire three years after being issued, which is another difference between the criminal and civil order. A criminal order may expire based on the occurrence of specific situations, where a civil order will not expire until the stated date.

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 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 and respect is exceeded only by their success rate. Click here for a free consultation and for the best representation.

Mandatory Terms of Probations in a Sexual Battery Conviction

Intimate partners may be charged with sexual battery is a California domestic violence case if one individual is accused of touching the other for purposes of sexual gratification or abuse. Almost any type of relationship can be considered an intimate partnership – the couple may be of the same or opposite genders, and can be married, divorced, living together, have children in common, dating or formerly dating.

A sexual battery charge can stem from any type of touching or physical contact of another person’s intimate parts, whether it occurs directly, through the clothing of the accused, or through the clothing of the accuser. Even an individual involved in an ongoing relationship can face a sexual battery charge. This offense 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.

While that is the maximum prison sentence and fine that can accompany a first time sexual battery conviction (a person with aggravating factors and/or prior sexual battery convictions faces more severe punishment), it is not a complete list of the penalties that ultimately face the offender. If a defendant is convicted of any intimate partner abuse crime in California, and is granted probation, there are certain conditions that must be imposed.

Upon a conviction of sexual battery, the defendant is placed on a minimum of three years probation, which may be formal or informal, depending on whether the crime was charged as a felony or a misdemeanor. During that time, a criminal court protective order will be issued against the defendant to prevent further acts of violence against the victim and, if appropriate, will contain a residence exclusion or stay-away conditions. It should be noted that the victim will be notified about the outcome of the case. The defendant will also be required to register as a sex offender and required to pay an additional $200 – $300 fine for committing the offense, which will be paid to the Department of Justice Sexual Habitual Offender Fund. Registration is for life, has many requirements, and if those requirements aren’t met, the convicted faces additional penalties, including additional time in jail and/or prison.

In addition to the procedural conditions just described, the convicted must pay a separate fine of at least $200 to various domestic abuse funds that are distributed by the state. He or she will also be required to attend a minimum two-hour “batterer’s class” on a weekly basis for at least one year. Depending on the circumstances surrounding the charged incident, the court may also order the defendant to enroll in a drug and/or alcohol dependency program. Community service will also be required.

In lieu of an additional fine (but not in lieu of the $200 – $300 or $400 payments described above), the court may order the convicted to pay up to $5,000 to a battered women’s shelter or to reimburse the victim for any reasonable expenses that the court believes were incurred as a direct result of the abuse.

When the court evaluates the defendant’s progress, it takes into consideration his or her ability to pay and his or her willingness and diligence in following through with these mandated conditions. Finding good cause, the court may modify, extend or even revoke probation. If probation is revoked, the maximum prison sentence will likely be imposed. Having an experienced criminal defense lawyer is the key to ensuring that these probation requirements are kept to a minimum.

The understanding attorneys at the Kavinoky Law Firm treat each client with compassion and respect. They sympathize with their clients and do their best to help each client through this difficult time. A knowledgeable defense lawyer can explain the complexities of a California sexual battery charge during a free consultation.

Civil penalties for stalking one’s intimate partner in California

Stalking, as defined by California’s domestic violence laws, is when an individual maliciously and willfully follows or harasses and threatens his or her intimate partner with the intent to place that partner in fear for his or her safety. If convicted of this crime, the defendant faces up to one year in the county jail and up to a $1,000 fine if convicted of a misdemeanor or up to one year in the state prison if convicted of a felony. Both a misdemeanor and a felony conviction carry additional penalties, but jail or prison is generally the defining characteristic of a criminal sentence.

Civil penalties may also face an individual accused of stalking his or her intimate partner. Both civil and criminal punishment may be sought against the offender and are not mutually exclusive, which means that an individual accused of stalking may face both civil penalties and criminal prosecution.

The major differences between a civil suit and criminal prosecution for D.V. related stalking are found in the title and role of the accuser, in the “burden of proof” and in the penalties. In a civil case, the victim (who becomes known as the plaintiff) sues the defendant for the “tort” of stalking. In a criminal court, it is the prosecutor who actually files the charge, despite the common misconception that it is the victim who “presses charges.”

The “burden of proof” is the standard that the prosecutor or plaintiff’s attorney must meet to prevail. In a criminal case, the prosecutor must prove that the defendant is guilty “beyond a reasonable doubt,” which is the highest burden. In a civil case, the plaintiff must only prove that the defendant is liable by a “preponderance of the evidence,” which means that it is more likely than not that the defendant stalked his or her intimate partner. Although the burden of proof is higher in a criminal trial, a civil trial requires more evidence. For example, a criminal charge for stalking an intimate partner can be filed based only on the accusation of the victim, yet in a civil trial for stalking, the plaintiff must support his or her allegations with independent corroborating evidence. Another example is that in a criminal case, there is no requirement that the victim asked the offender to stop his or her behavior, but in order to file a civil suit, the plaintiff must have clearly and definitively told the defendant to stop the stalking, unless the defendant was already under court order to refrain from such behavior.

Finally, the penalties in a civil suit and in a criminal prosecution are different. A civil suit penalizes the defendant financially whereas a criminal case can result in jail or prison. A plaintiff sues in civil court for two things – money and sometimes protection. In a stalking case, both would be sought. If a defendant is found liable, he or she could be required to pay the plaintiff “general” damages (damages that are awarded when an exact dollar amount can’t be calculated, an example being pain and suffering), “special” damages (out of pocket expenses for attorney’s fees, hospital bills, counseling, damage to personal property, etc.) and “punitive” damages, which are awarded above and beyond general and special damages to punish the defendant for stalking his or her intimate partner. In addition, if the defendant were found liable, his or her intimate partner would receive a civil protective order that would prohibit further stalking or other types of abuse by the defendant.

Stalking is a serious matter, whether charged criminally or alleged in a civil suit. It is therefore imperative that the accused hires the best attorneys he or she can afford. The criminal defense lawyers at the Kavinoky Law Firm specialize in intimate partner abuse crimes and have successfully represented numerous individuals charged with stalking their intimate partners. Contact them today for a free consultation and/or to ask for a referral for a civil attorney.

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.