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.
