Professional license issues affected by a California domestic violence stalking conviction
Domestic violence laws, in California, apply to all crimes that are perpetrated against intimate partners. Stalking will therefore be charged as a domestic abuse crime if the accused willfully and maliciously followed or harassed and threatened his or her intimate partner with the intent of placing that partner in fear for his or her safety. Intimate partners are persons who are married, divorced, dating or formerly dating, cohabitating or who have children in common. The penalties that face an individual convicted of stalking an intimate partner are severe and possibly life altering, depending on the circumstances that surrounded the alleged incidents and depending on whether the crime was charged as a misdemeanor or as a felony. Although one usually expects criminal punishment to follow a conviction, one usually doesn’t anticipate that his or her career may be jeopardized as well.
California professional license issues are generally regulated by the Business and Professions Code. The code permits a licensing board to either suspend or revoke a person’s professional license under certain circumstances following a criminal conviction. If revoked, an individual must more than likely find a new career in order to financially survive.
Professional license restrictions may be illegally imposed if the conviction doesn’t substantially relate to the duties, functions or qualifications of the defendant’s job. The board may impose a restriction following a criminal conviction, regardless of whether the defendant pled guilty or no contest or was found guilty by a judge or jury and may go into effect once the defendant is placed on probation, once his or her conviction has been affirmed on appeal or once the timeframe within which to file an appeal has lapsed. In addition, there are some licensing boards that may set forth even stricter guidelines when they issue licenses that may call for suspension or revocation upon a conviction for a specified offense. This is simply one reason why it is important for an individual who holds a professional license to contact an attorney immediately upon a stalking accusation. The criminal defense lawyers at the Kavinoky Law Firm will not only vigorously defend their clients throughout their criminal case, but may help resolve post-conviction issues as well. They can help fight against a professional license restriction by arguing against its application to their client’s case when appropriate.
In most instances, a D.V. stalking conviction will unlikely be related to the functions or duties of one’s career. A lawyer has the knowledge and resources to defend his or her client against an illegally imposed professional license restriction. There are many boards that simply may not want a convicted criminal holding their license. The board may try to use the conviction to inappropriately discipline an otherwise competent license holder, which is, in most cases, illegal. However, there are two ways that a restriction may certainly be upheld according to the law. The first is if the defendant who was convicted of stalking his or her intimate partner was ordered by the court to register as a sex offender. Certain professions, including physicians and surgeons, have specific rules about license revocation when a sex offense is involved. The second is if, as a part of the defendant’s job, he or she must carry a firearm (which is probably unlikely in most professionally licensed positions). Firearm restrictions do apply to intimate partner stalking convictions and may therefore legally put an end to an individual’s career.
When charged with stalking an intimate partner, it is critical for the accused to hire a skilled attorney who is familiar with all of the evidentiary issues and post conviction issues that an individual facing an intimate partner abuse stalking charge may encounter. The experienced attorneys at the Kavinoky Law Firm have successfully defended countless individuals who faced DV stalking charges and helped them maintain their dignity, family, careers and freedom. For questions about a stalking charge or about professional license issues, click here for a free consultation.
