Domestic violence, defined by California law, is abuse that takes place within families, specifically with respect to children, parents and grandparents, and between intimate partners. Intimate partners are both heterosexual and homosexual and include people who have children together, people who are living together or who formerly lived together, people who are dating or were dating and people who are married or divorced. Domestic abuse may take on many forms, the most common types being physical, emotional and financial abuse.

Financial abuse, also known as economic dependence or economic abuse, occurs when an individual exerts power over his or her intimate partner or another family member by withholding or preventing access to money, checks, credit cards, necessities such as food, clothing, shelter and medicine and/or steals from his or her intimate partner or another family member. On that note, if such depravation takes place against one’s own child, a child abuse charge of child endangerment may be filed against the parent. Draining bank accounts or accessing other lines of credit are additional ways that an abuser can financially assert power over a family member or intimate partner. When these types of theft occur, the victim’s ability to find new housing or employment may be adversely affected, which acts as a significant barrier to self-sufficiency and empowerment. Economic abuse is a type of emotional abuse and can leave a victim feeling helpless.

Although this type of economic dependence usually takes place between intimate partners, other family members may be affected as well. If a child steals from his or her parent, that is economic abuse and will be treated as a form of domestic violence. It should be noted that the juvenile justice system is different from the adult system and the child would not be prosecuted in the same manner as an adult offender would. Similarly, a child could steal from a grandparent or an adult could steal from an elder parent, which could be prosecuted as elder financial abuse, falling under the jurisdiction of California’s domestic violence laws.

Financial abuse affects victims in much the same way as any other type of domestic abuse. Victims of economic abuse often feel hopeless and trapped in an emotionally draining relationship. They may suffer from depression, stress or anxiety and may develop significant health problems. Depending on how much additional emotional abuse is being targeted at the victim, he or she may also feel worthless and resort to destructive behavior. Sometimes the abuser may force an intimate partner to assume sole responsibility for the bills, may demand his or her paychecks and/or may force his or her intimate partner or child to commit crimes in order to obtain money. When these types of abuses occur, the victim may exhibit even more extreme versions of the above-listed symptoms and may completely withdraw and/or contemplate suicide or act violently towards others.

People who find themselves being financially abused by an intimate partner may be unable to leave their partner due to a recognized psychological condition known as “battered person’s syndrome”. This syndrome, and what’s known as the “cycle of abuse,” are recognized issues that explain why someone who has been consistently and/or severely victimized would choose to stay in a harmful relationship.

Individuals who are being financially abused should speak to an attorney about their legal rights and should seek help to learn how to safely leave an abusive relationship. An individual charged with a crime of domestic violence should immediately contact a criminal defense lawyer upon an accusation. The experienced attorneys at The Kavinoky Law Firm specialize in intimate partner abuse charges and all that goes along with this special class of crimes. They have successfully defended countless individuals charged with domestic violence and treat each client with the respect, discretion and compassion that he or she deserves. To discuss financial abuse or to discuss a domestic violence arrest, contact The Kavinoky Law Firm for a consultation.

Recanting Victims and their Role in a California Domestic Violence Criminal Threats Trial

California domestic violence laws apply to all crimes where the victim is an intimate partner of the defendant. Intimate partners are both homosexual and heterosexual couples that are dating or formerly dated, married, divorced, living together or have children together. When an individual is charged with making criminal threats against his or her intimate partner, the charge will be prosecuted as a domestic abuse crime.

“Criminal threats” is charged when an individual threatens to commit a crime against his or her intimate partner that, if carried out, would result in serious bodily harm or death to that partner. Whether the defendant actually intended to commit the threatened crime is irrelevant to his or her defense. The only issue that truly matters is whether the intimate partner reasonably feared for his or her safety or for the safety of his or her family.

Because an accusation against one’s intimate partner for making a criminal threat can be made with no evidence of the threat, it would be easy for someone to falsely accuse his or her partner of this crime. When this type of situation occurs, the accuser may later decide that he or she wants to tell the truth about what happened. He or she may incorrectly believe that it will help the accused if he or she doesn’t co-operate with the police or prosecuting agency or “recants” (which means to change, retract or take back) his or her allegation. When an accuser does this, it can actually be devastating to the defendant.

When an accuser decides to come clean about a false accusation, it is best that both partners speak to a criminal defense lawyer who is familiar with the issues that a recanting victim raises. The attorneys at The Kavinoky Law Firm have successfully defended numerous individuals who were charged with domestic abuse crimes, including making criminal threats, and understand the challenges that a recanting victim presents. With their compassion, they can help both parties navigate through the criminal court system in an effort to right a wrong.

Recanting victims allow a prosecutor to introduce evidence that may otherwise have been inadmissible during a D.V. trial for threatening an intimate partner. When an accuser recants, the prosecutor is allowed to play for the jury a recording of the emergency call that the accuser placed to the police, either during the threat or immediately after the threat. The district attorney will also be allowed to introduce statements that were made by the accuser during the police investigation. Since that call and the subsequent statements were made when the accuser was actually in fear or were made out of anger, revenge or some other motive that served as the basis for placing the original call, the tone and emotions of the accuser will undoubtedly come through and will receive undue attention from the jury. In addition, when an accuser recants, the prosecutor will likely hire an expert witness to testify that the individual is recanting because he or she was told to do so by an already abusive partner or because he or she was fearful of what would happen if this was not done. The expert will discuss intimate partner violence issues such as the “cycle of abuse” and “battered person’s syndrome” that will likely resonate with the jury. This is another reason why it is imperative for the accused to have a defense attorney who, at the very least, will hire a defense expert to rebut this type of testimony and offer the many legitimate reasons why an accuser might deny his or her original allegations.

When an individual recants, either because his or her original allegations were false or because he or she is truly fearful of his or her partner, it is critical for the accused to retain experienced legal counsel. The attorneys at The Kavinoky Law Firm know what it takes to successfully defend an individual against the damaging effects of a recanting victim.

Domestic battery is a California domestic violence offense that applies to intimate partners. The offense is also referred to as “spousal abuse” or “spousal battery.” Intimate partners include heterosexual or homosexual couples and those who are married, divorced, living together, have children in common, or are dating or formerly dated.

Battery is a “wobbler” offense, which means that it can be charged as either a misdemeanor or a felony depending on the facts of the individual case. When charged as a misdemeanor, battery carries a maximum of a one-year jail sentence and a $2,000 fine. Even the slightest force, or any unwanted touching, can result in a domestic battery charge. However, if serious bodily injury results (for example, broken bones, loss of consciousness or a concussion), the battery will likely be charged as a felony which carries a maximum of four years in state prison.

A four-year prison sentence is the maximum amount of prison time that a defendant convicted of domestic battery as a felony could possibly serve. The law says nothing about mandatory jail or prison time for an offender. If the accused has no prior criminal history, if this charge is his or her first domestic abuse charge or if the facts surrounding this allegation aren’t too horrifying, an experienced criminal defense lawyer may be able to convince a court to impose probation conditions that don’t include imprisonment.

However, if a defendant is convicted of domestic battery and has been previously convicted of this same charge, he or she will most likely be ordered to serve at least 48 hours in county jail. This is another reason why it is so important for an accused – especially an accused who has a prior battery conviction – to retain legal counsel who has experience dealing with California intimate partner abuse cases. Without a competent attorney, a defendant will definitely serve the mandatory time in jail upon a second conviction. However, a skilled defense attorney will aggressively defend his or her client by arguing that imprisoning the defendant does not serve the best interests of justice. He or she further knows what facts and circumstances will help convince the judge accordingly.

Unfortunately, the judge is not the only one who hears about the defendant’s prior domestic violence convictions. While most criminal cases exclude prior conduct from evidence, domestic abuse crimes are an exception. Evidence of the defendant’s prior acts of intimate partner violence are admissible against the accused in a jury trial. This means that a jury will be allowed to hear that the accused has committed similar offenses in the past and, as a result, they are likely to conclude that he or she did so again.

When facing a domestic battery charge – especially when one has a history of prior domestic abuse – it is imperative to hire a qualified criminal defense attorney who is not only familiar with all of the issues that frequently arise with this charge, but who is also familiar with all of the issues that prior acts of domestic violence raise. 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 specific 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.

Domestic battery, which is sometimes called “spousal abuse” or “spousal battery,” is a domestic violence offense that applies to intimate partners in California. Intimate partners aren’t limited to married couples; they may be heterosexual or homosexual and could be divorced, living together, have children in common, or be dating or were formerly dating.

Anyone who willfully and unlawfully uses force or violence upon an intimate partner can face a battery accusation, which is typically charged as a misdemeanor and carries a maximum of a one-year jail sentence and a $2,000 fine. A defendant can be charged with this offense even if he or she used only the slightest force. Any unwanted physical contact can result in a battery charge. However, if the accuser suffers a serious injury, such as a broken bone, the battery will rise to a felony, which carries a maximum of four years in state prison.

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

An eyewitness’s job is to 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 each. As a result, the truth generally gets lost in translation.

Because both attorneys have an equal opportunity to examine a 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 that witness as comfortable as possible with respect to answering questions from both lawyers.

Domestic battery 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 incident, 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 battery 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 each witness’s criminal history to uncover any past conduct that could be considered relevant in weighing the credibility of that witness. A knowledgeable attorney will effectively cross-examine witnesses in a battery 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 a battery 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 various 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 for their client! Don’t hesitate to contact them today. Click here for a free consultation and for the best representation.

Stay Silent

A California domestic violence conviction can bring probation, heavy fines and even a jail or prison sentence. Because California is so strict with domestic violence offenders, it’s critical to contact a skilled California criminal defense lawyer immediately after an arrest to protect a suspect’s rights during questioning. An experienced attorney from The Kavinoky Law Firm knows how to effectively do just that. The attorney will help ensure that only appropriate questions are answered and that the answers given are in the best interests of the accused.

When arrested on any criminal charge, the arrested party has the “right to remain silent” so as not to incriminate oneself. This is commonly referred to an individual’s “Miranda rights”. Miranda rights are supposed to be read to anyone that the police question during a custodial interrogation. A custodial interrogation means that the individual being questioned doesn’t feel free to walk away or leave during the questioning. Miranda rights basically inform the suspect that he or she has the right to remain silent and that any words spoken may be used against him or her as evidence of guilt at trial.

Exercising one’s right to remain silent or to obtain legal counsel, cannot be held against the accused court. When an officer begins questioning the suspect, it is crucial that the suspect politely informs the police that he or she will not make any statements until his or her criminal defense lawyer is present. Because California takes intimate partner abuse so seriously, having an experienced criminal lawyer protecting the accused’s rights during questioning can make all the difference in the outcome of the trial. A well-trained attorney knows how to intervene during questioning to make sure that his or her client does not answer any questions that will only elicit incriminating responses and also knows how to make sure that the client’s side of the story is told.

Although Miranda rights advise a suspect that any statements that he or she makes from that point on may be used against him or her, the fact is that any previous statements made by the suspect may also be used against the individual in court. One of the most important things that a suspect can do is to remain silent from the moment the police arrive. Assume that everything is either being audiotaped or recorded on video even if there is not a visible recorder. Many times police have undetectable microphones and/or video recorders and everything that a suspect says or does is recorded. Remain silent at all times, even if there is no one else around, until an attorney is present.

California has tough domestic violence laws that include a variety of offenses. These offenses used to be charged only when there was a dispute between married couples or parents of a child. However, the laws have expanded to include disputes between any intimate partners – cohabitating couples, former spouses or fiancés/fiancées, people who are or were dating, people who have children together, and same-sex partnerships. It is the very nature of these relationships that give rise to highly charged, emotional disputes that can, unfortunately, sometimes spiral out of control. It is imperative that when this happens, the accused hires a competent attorney who can immediately begin defending him or her during an interrogation. A qualified, experienced attorney from The Kavinoky Law Firm will guide the defendant through all phases of the criminal court process and will ultimately make sure that the judge and/or jury not only hear the accused’s side of the story, but believe it as well. Click here for a free consultation.

The Effects of Domestic Violence on Children

According to California domestic violence law, domestic violence is defined as any type of abuse that is perpetrated against one’s spouse or former spouse, the person with whom one has children, the person with whom one lives or lived, a significant other or former significant other or one’s child. It follows that any crime that is committed against one’s child (or an intimate partner abuse crime that is committed in the presence of one’s child) will be prosecuted as a domestic abuse crime in this state.

Although intimate partner violence is largely reported as being perpetrated by a man against a woman, women are also guilty of abusing men and same-sex domestic violence is a growing problem as well. It affects people nationwide from every economic, ethnic and religious background.

In this country alone, millions of children each year are at risk of being abused by their parents. Domestic Violence statistics reveal that in a national poll of over 6,000 families, between 53% and 70% of male offenders also frequently abused their children. Additional research shows that abused women are twice as likely to abuse their children as women who are not abused. In homes where intimate partner abuse occurs, children are sexually or physically abused and/or seriously neglected fifteen times more than in homes where abuse doesn’t exist.

Children who are exposed to domestic violence may exhibit a wide range of behavioral and emotional problems, depending on their age and gender, the individual child, whether or not they are actually involved in the abuse and how much abuse they witness. Many younger children can’t truly understand the abuse and tend to blame themselves for it. Self-blame in a young child will often manifest itself through concentration problems, stress, physical complaints, eating and sleeping problems and regressed behavior such as whining or bed-wetting. Pre-adolescent children may also present these issues and will usually express themselves in more negative ways. Symptoms commonly seen within this age range include defiant behavior, threatening or violent behavior, withdrawal and low self-esteem. In addition to the previously described behaviors, teenagers may also exhibit substance abuse, delinquency and academic failure. Research suggests that witnessing or being personally involved in domestic violence may be the most substantial difference between children who are involved in criminal activity and those who aren’t.

Children may be abused by their parents or may perpetrate the abuse towards their parents. Under either scenario, criminal action will result. Not only does a Domestic Violence offender face mandatory probation terms in addition to jail or prison time, but if a child is involved in the abuse – either directly or indirectly – custody issues will also be raised. An individual accused of intimate partner abuse either towards his or her children or accused of committing intimate partner abuse in the presence of his or her children faces losing his or her family and freedom. If charged with child abuse as a misdemeanor, the defendant faces up to one year in jail, probation, a criminal protective order issued against the defendant to protect the child, and attendance for at least one year in a child abuser’s treatment program. If convicted of a felony, the defendant faces up to six years in prison in addition to the requirements listed above.

Defense Attorneys for Child Abuse Law

The consequences of a domestic violence conviction are severe enough when a child isn’t involved in the allegation. When a child is involved, the stakes are even greater. The criminal defense lawyers at The Kavinoky Law Firm specialize in crimes of domestic abuse and receive ongoing education and training in this special area of the law. They have successfully defended countless individuals charged with intimate partner abuse and have helped them keep their families and freedom intact. The attorneys treat each client with discretion, compassion and respect and will provide parents with referrals for services and resources to help their children who have sadly been victimized. To discuss a child-related domestic abuse crime, please click here for a free consultation.

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.

Even though an individual faces up to four years in prison for committing this crime, an experienced criminal defense lawyer may arrange it so that his or her client never spends a day in a cell. The outstanding attorneys at The Kavinoky Law Firm specialize in California domestic abuse law. They know the intricacies involved in sentencing, and as a result, can effectively fight to keep their clients out of jail or prison.

Alternative sentencing is just that – an alternative to incarceration. When properly utilized, alternative sentencing can be even more effective than jail or prison, as it usually has some rehabilitative element to it, as opposed to straight punishment. When an individual is rehabilitated, it not only benefits that particular person, but his or her family, the courts and society as a whole.

There are several factors that a judge may consider when hearing a defense attorney’s recommendation for alternative sentencing. An attorney will usually address any mitigating or extenuating circumstances that were involved in the defendant’s case, whether alcohol or drugs played a role in the charged incident and whether the accused suffers from mental illness. Because every person and every case is different, an experienced lawyer will know what facts and circumstances are relevant to his or her client’s case and which are likely to persuade a judge that alternative sentencing is appropriate.

In an infliction of injury case, there are several options that may be imposed as an alternative to jail or prison time. The attorneys at The Kavinoky Law Firm will aggressively advocate on behalf of their clients to ensure that alternative sentencing is imposed when appropriate. These options include probation, either formal or informal, house arrest, electronic monitoring, community service or labor, individual or group therapy for issues dealing with drugs, alcohol and/or other addictive behaviors, and making restitution to the victim when possible. Although this list is not exhaustive, it includes the most popular alternatives to serving time.

When arrested on an infliction of injury charge, the defendant faces life-changing consequences. His or her family, reputation, career and freedom are all in jeopardy, especially if sentenced to a significant jail or prison term. Unfortunately, many attorneys don’t know that alternative sentencing is available. Speaking with a qualified criminal defense lawyer is the safest way to ensure that the possibility of losing it all doesn’t become a reality. The attorneys at The Kavinoky Law Firm receive ongoing education and training in intimate partner abuse law and its penalties, keeping them ahead of the competition. Their reputation for treating their clients with compassion and respect is only surpassed by their success rate. One’s freedom is too important to trust to an inexperienced attorney. Click here for a free consultation and for the best representation.

Prior Convictions and Infliction Of Injury

Willful infliction of injury, sometimes called spousal abuse, is a California domestic violence crime involving intimate partners. These partners may be married, divorced, separated, living together currently or in the past, or have children in common. The laws apply to both heterosexual couples and same-sex partnerships. An individual who willfully inflicts an injury, regardless of the severity, upon the body of an intimate partner can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000.

However, if the defendant facing an infliction of injury charge also has prior domestic abuse convictions, his or her sentence may rise to five years in prison and a $10,000 fine. This is because California has a seven-year “washout” or “look-back” period for domestic violence convictions. This means that before a court will sentence a defendant who has been convicted of this crime, it will look back at the last seven years of the defendant’s criminal history for specific prior convictions. It should be noted that convictions outside of the seven-year period may also factor into a judge’s sentencing decision, but they do not automatically enhance the sentence as they do when the conviction lies within the seven-year period.

The crimes that apply to this seven-year period include battery (whether or not the victim actually sustained serious bodily injury), “spousal” battery which is actually a misnomer, as it applies to intimate partners as defined above and also includes partners who are or were dating, sexual battery, assault with chemicals or flammable substances, assault with a stun gun or taser, and assault with a deadly weapon.

Any person who is convicted of infliction of injury within seven years of one of the above listed crimes (with the exception of spousal battery) will face an additional year in county jail or state prison and an additional $4,000 in fines above the maximum sentence allowed for a first time offender. A prior conviction of spousal battery carries the additional fine enhancement but no additional prison time. The bottom line is that a repeat domestic abuse offender can face a total of up to five years in prison and a $10,000 fine. Additionally, a defendant who has one prior conviction within the seven-year period must serve at least 15 days in the county jail, and two or more prior convictions within the timeframe will result in a minimum of 60 days in the county jail.

Unfortunately, the judge is not the only one who hears about the defendant’s prior domestic violence convictions. While most criminal cases exclude prior conduct from evidence, domestic abuse crimes are an exception. Evidence of the defendant’s prior acts of intimate partner violence are admissible against the accused in a jury trial. This means that a jury will be allowed to hear that the accused has committed similar offenses in the past and, as a result, they are likely to conclude that he or she did so again.

Clearly, an accused facing an infliction of injury charge who has prior assault and/or battery convictions is in severe jeopardy of losing his or her job, family and freedom. However, there are many effective defense strategies in domestic abuse cases. Altercations between intimate partners are emotional, highly charged incidents that can be interpreted in more than one way. A skilled criminal defense lawyer knows that there are at least two sides to every story, and will ensure that the defendant’s version of events is considered by the judge and jury.

California domestic abuse laws are extremely complex, so it’s critical to have an attorney who is experienced in this technical area of the law. The attorneys at The Kavinoky Law Firm are highly trained and well versed in California domestic violence law and have successfully defended countless individuals from the devastating consequences that these laws impose. Click here for a free consultation.

Alternative Sentencing with a Sexual Battery Conviction

Sexual battery is a California domestic violence offense that can result in jail or prison time if the defendant is convicted. Even though an individual faces up to four years in prison for committing this crime, an experienced criminal defense lawyer may arrange it so that his or her client never spends a day in a cell. The outstanding attorneys at the Kavinoky Law Firm specialize in California domestic abuse law. They know the intricacies involved in sentencing and, as a result, can effectively fight to keep their clients out of jail or prison.

Sexual battery can be charged against any intimate partner – heterosexual or homosexual, married, divorced, living together, have children in common, or dating or formerly dating. If a person touches an intimate part of his or her 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 as a misdemeanor.

Touching can include even slight physical contact, whether it occurs directly, through the clothing of the accused, or through the clothing of the defendant. This offense can be charged even against a partner involved in an ongoing relationship. Misdemeanor sexual battery with no aggravating circumstances carries a maximum of six-month in jail and a $2,000 fine. However, if the touching takes place while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence may 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.

Alternative sentencing is just that – an alternative to incarceration. When properly utilized, alternative sentencing can be even more effective than jail or prison, as it usually has some rehabilitative element to it, as opposed to straight punishment. When an individual is rehabilitated, it not only benefits that particular person, but his or her family, the courts and society as a whole.

There are several factors that a judge may consider when hearing a defense attorney’s recommendation for alternative sentencing. An attorney will usually address any mitigating or extenuating circumstances that were involved in the defendant’s case, whether alcohol or drugs played a role in the charged incident and whether the accused suffers from mental illness. Because every person and every case is different, an experienced lawyer will know what facts and circumstances are relevant to his or her client’s case and which are likely to persuade a judge that alternative sentencing is appropriate.

In a sexual battery case, there are several options that may be imposed as an alternative to jail or prison time. The attorneys at the Kavinoky Law Firm will aggressively advocate on behalf of their clients to ensure that alternative sentencing is imposed when appropriate. These options include probation, either formal or informal, house arrest, electronic monitoring, community service or labor, individual or group therapy for issues dealing with drugs, alcohol and/or other addictive behaviors, and making restitution to the victim when possible. Although this list is not exhaustive, it includes the most popular alternatives to serving time.

When arrested on a sexual battery charge, the defendant faces life-changing consequences. His or her family, reputation, career and freedom are all in jeopardy, especially if sentenced to a significant jail or prison term. Unfortunately, many attorneys don’t know that alternative sentencing is available. Speaking with a qualified criminal defense lawyer is the safest way to ensure that the possibility of losing it all doesn’t become a reality. The attorneys at the Kavinoky Law Firm receive ongoing education and training in intimate partner abuse law and its penalties, and can provide a free consultation. Their reputation for treating their clients with compassion and respect is only surpassed by their success rate. One’s freedom is too important to trust to an inexperienced attorney.

Sexual Battery Penalties

Sexual battery is a charge that can be brought in California domestic violence cases involving intimate partners. Under California law, every type of relationship can be considered an intimate partnership, including couples who are heterosexual and homosexual and who are married, divorced, living together, have children in common, dating or formerly dating.

Any individual who touches an intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse can face a misdemeanor sexual battery charge. Even a partner involved in an ongoing relationship can face a sexual battery charge. “Touching” can include any physical contact – no matter how minor – even if it occurs through the clothing of either individual.

Misdemeanor sexual battery with no aggravating circumstances carries a maximum penalty of six months in jail and a $2,000 fine. However, if the touching takes place while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence may 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.

Although the penalties just described list the maximum amount of prison time and the highest fine that a first-time offender faces, it is not a complete list of the penalties that ultimately face the accused. Furthermore, aggravating factors (facts that surround the charged incident that make the incident seem even worse) and/or a prior sexual battery conviction will likely invoke an even stiffer sentence.

If the defendant is placed on probation (which is usually the case), it will remain in effect for at least three years. There are certain mandatory terms of probation with respect to any California intimate partner abuse crime and include the booking process if the defendant wasn’t booked upon arrest, issuance of a criminal protective order against the defendant, the offender’s participation in a batterer’s class and an additional fine payable to specific domestic violence funds.

One of the most devastating penalties that one convicted of sexual battery faces is registration as a sex offender. 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. A defendant convicted of sexual battery will also be required to pay an additional $200 – $300 fine for committing the offense, which will be paid to the Department of Justice.

A conviction for sexual battery may also bring professional licensing restrictions. Under California law, a licensing board may suspend or revoke a professional license if the license holder has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. This means that a conviction could potentially end an individual’s career.

Finally, an individual may not only be charged criminally for sexual battery, but may be sued in civil court for the abuse as well. In a civil court, a person who is found liable for committing this wrong is subject to additional heavy fines and a civil protective order but cannot be sentenced to jail or prison.

With such devastating consequences, it is imperative that an individual who has been arrested on a sexual battery charge hires a qualified attorney who is familiar with all of the defenses that apply to this crime. The attorneys from the Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner violence charges.