Recanting Victims and the Violation of a Protective Order

Recanting victims aren’t uncommon in cases of violation of a protective order and other California domestic violence offenses that apply to intimate partners. The term “intimate partners” applies to every type of couple – they may be straight or gay and can be married, divorced, living together, have children in common, or be dating currently or have dated in the past.

Protective orders are issued by courts in California domestic abuse cases to prohibit an offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. A violation of protective order charge is a misdemeanor punishable by a maximum of one year in jail and a $1,000 fine. 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. California courts may even punish an offender for violating an order in California that was issued in another state.

A violation of a protective order charge can be filed against an individual even if the prosecution has no physical evidence, which means it would be easy for an alleged “victim” (the protected party) to charge his or her partner with this crime with little or no evidence. Many times an individual will do this out of revenge, anger, or another motive and may later decide to tell the truth. However, once the police are involved, it is too late to take the allegation back, as only the prosecutor and/or judge can decide to drop the charges. When these are the facts, it is imperative for the accused to hire a skilled criminal defense lawyer from The Kavinoky Law Firm.

If the protected party chooses of his or her own free will that calling the police was a mistake for any reason, it is best for both partners to speak with an attorney to devise a strategy. Many times the accuser thinks that “recanting” (which means to take back or deny) the original story or not cooperating with the police or prosecution will help the defendant. Unfortunately, that is incorrect. In fact, in an intimate partner abuse case, the prosecution expects an alleged victim to recant and knows how to proceed under these circumstances. A genuine recanting victim can be extremely harmful to the defendant if not first guided by an attorney.

When the protected party recants, two major issues arise. The first is that evidence that may otherwise have been inadmissible during the trial will be admissible, and the second issue is that a “recanting victim” gives the prosecution a great argument against the defendant. Beginning with the first issue, when the protected party recants his or her story, the prosecution plays for the jury a recording of the call that he or she placed to the police. The prosecutor will also admit into evidence any statements that the protected party made to the police during the initial investigation. Because these statements were made in the heat of the moment and possibly out of revenge or another motive, these statements can be devastating to the defense. Looking at the second issue, when the protected party recants, the prosecutor usually brings in an expert witness who testifies that the individual is recanting because he or she has either been threatened by the accused into doing so or that he or she is afraid of what further abuse might take place if he or she doesn’t recant. The expert will further explain that recanting is part of the domestic abuse “cycle of abuse” and that the protected party likely suffers from “battered person’s syndrome”.

When an intimate partner chooses to recant his or her allegation, a highly qualified defense attorney from The Kavinoky Law Firm can help both parties navigate through the system with knowledge and compassion. A skilled defense lawyer can outline an effective defense strategy during a free consultation.

Consequences of Conviction for a Domestic Violence Charge

Typically, domestic violence charges will consist of violations of Penal Codes §§ 273.5 and/or 242 and 243(e). However, there are a variety of charges that fall under the category of domestic violence. The consequences of each crime are different. If you have been charged with any domestic violence offense(s), please contact a criminal defense attorney today to determine your best defenses.

Infliction of Injury. California Penal Code §273.5. If you willfully inflict any injury, no matter how minor, upon the body of an intimate partner, you can be charged with a felony. If convicted, you will face up to four years in prison and/or a fine of $6,000. If you were convicted of a domestic violence charge within seven years of this conviction, you will be guilty of either a misdemeanor or a felony. As a result, you face up to five years in state prison and or a fine of up to $10,000.

Battery. California Penal Codes §§242, 243(e)(1). According to California law, “a battery is any willful and unlawful use of force or violence upon the person of another.” If you are found guilty of this misdemeanor, you will be subject to a $2,000 fine and/or up on one year in the county jail.

Sexual Battery. California Penal Code §243.4. If you touch an intimate part of another person against the will of the person and the touching is for the purpose of sexual arousal, you are guilty of sexual battery. This crime is a wobbler, meaning that you could be charged with a misdemeanor or a felony; and you may face up to four years in state prison and a fine of up to $10,000.

Violation of Protective Order. California Penal Code §273.6. If you intentionally violate a protective order of the court, you can be charged with a misdemeanor. You could be punished with a fine of up to $1,000 and/or imprisonment in the county jail for one year. If this violation of a protective order results in physical injury, you will be punished by a fine of up to $2,000 and/or a jail sentence for up on one year.

Intimidating an Intimate Partner or Witness. California Penal Code §136.1. If you prevent or dissuade or attempt to prevent or dissuade your partner or any witness from attending or giving testimony at trial or any court proceeding, or if you try to dissuade or prevent someone from making a report of victimization or seeking the arrest of someone in connection with that victimization, your actions can result in a felony or misdemeanor charge.

Where these acts are accompanied by force or by an express or implied threat of force or violence or where the act is in furtherance of a conspiracy or for pecuniary gain, you can be charged with a felony punished by up to four years in state prison. It is not a defense for this crime that no one was physically injured or actually intimidated.

Criminal Threats. California Penal Code §422. You can be charged with a crime if you threaten to commit a crime that will result in death or great bodily injury, whether it’s made verbally, in writing or by means of an electronic communication device even if there’s no intent to actually carry out the act. The only requirement for this crime is that a reasonable person is fearful for his or her own safety. A criminal threat is a wobbler, meaning that you could be convicted of a misdemeanor or a felony.

Stalking. California Penal Code §646.9. If you willfully, maliciously and repeatedly follow or harass or make a credible threat toward another person, you can be charged with stalking. Stalking can occur even if you do not have, nor ever had, a relationship with the other person. This crime is a wobbler, which means that you may be convicted of a felony or a misdemeanor.

You will be charged with a felony if you stalk someone while there is a protective order in place. The punishment for this felony is up to four years in state prison. Additionally, if this is your second stalking conviction and your first stalking conviction was a felony, you can be charged with a felony stalking count and you may be sentenced to five years in prison. As if the prison sentence isn’t bad enough, a felony stalking conviction can haunt you for the rest of your life: The court may order you to register as a sex offender.

Expunging a Domestic Violence Conviction.

If you’ve already been convicted of a domestic violence offense, there are things that can be done to positively impact your criminal record. Expungement of a domestic violence conviction, just like expungement of other criminal offenses, is possible. In any case in which probation has been granted, whether a misdemeanor or a felony domestic violence case, it may be possible to withdraw the guilty or no contest plea, or a verdict of guilty, and replace with a not guilty plea and dismiss the complaint. This is pursuant to California Penal Code section 1203.4. In felony cases where a state prison term was imposed, the only relief available is either through a Certificate of Rehabilitation and Pardon, or a direct application to the Governor for a Governor’s Pardon. There are also serious considerations relating to firearms rights for anyone convicted of a domestic violence crime. Getting a record restored following a domestic violence conviction, or any criminal conviction, is a sensitive undertaking, and it is vital to confer with a skilled criminal defense lawyer who understands and appreciates the legal complexities of expungements associated with domestic violence charges.

No matter what charges you are currently facing, a skilled criminal defense attorney can help. There are defenses for every criminal charge. In most cases, these domestic violence charges are based on one person’s word. A domestic violence criminal defense lawyer understands that there are two sides to every story. This lawyer can help you gather evidence and proof for your side of the story. Do not think that these charges are hopeless. Speak with an experienced criminal defense attorney today to learn how you can save your reputation and keep your record clean.

Infliction of Injury Penalties

Infliction of injury, also known as spousal abuse, is a California domestic violence offense. Infliction of injury can be charged against any kind of intimate partner – either married, divorced, or living together. The individuals can be former cohabitants or have children together. They can be heterosexual or same-sex partnerships. If an individual inflicts an injury, even a minor one, upon the body of an intimate partner, he or she can face felony charges punishable by up to four years in prison and a fine of up to $6,000.

Although the penalty just described lists 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 and/or prior domestic abuse convictions will likely invoke an even stiffer sentence.

If the defendant is placed on probation (which is usually the case), he or she remains on probation 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.

An individual convicted of infliction of injury who also has any prior domestic violence convictions within seven years of his or her current offense faces 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. This means that a repeat domestic abuse offender can face a total of up to five years in prison and a $10,000 fine in addition to his or her mandatory terms of probation.

If there are aggravating factors, which are facts that surround the charged incident that make the incident seem even worse, the judge will likely issue the maximum sentence allowed by law. Examples of aggravating factors include a child witnessing the abuse or a victim suffering significant bodily injury. In an infliction of injury case, if the victim in fact suffers serious bodily injury as the result of the defendant’s force, the defendant may be subject to an additional three to five years in state prison, which means that he or she faces incarceration for up to nine years.

A conviction for infliction of injury 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 infliction of injury, 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 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.

Domestic Violence Temporary Restraining Orders

A Temporary Restraining Order is one type of protective order available to victims of domestic violence. In California, domestic abuse laws apply to intimate partners. Intimate partners include both heterosexual and homosexual persons who are married, divorced, cohabiting, have children in common and who are or were dating. An individual who is being abused by an intimate partner may apply for a Temporary Restraining Order to aid in his or her protection against the abuser.

Temporary Restraining Orders (commonly called TROs) are designed to protect a victim of intimate partner abuse from further harm. Although a TRO falls under the category of domestic violence, the individual seeking the protection doesn’t need to be a victim of actual violence. In addition to protecting against violence, a Temporary Restraining Order can prohibit the restrained person from harassing, stalking, threatening, telephoning, mailing or otherwise coming within a certain distance of the protected person. It is an order made by the court that states that the named person must refrain from particular acts and must stay away from particular people and places. A victim may request a TRO “ex-parte,” which means that his or her partner does not need to be present. The order is usually granted the same day that it is requested and lasts until the “Order To Show Cause” hearing. An Order To Show Cause hearing takes place about two to three weeks after the Temporary Restraining Order is issued and allows both parties to explain why the order should be extended or revoked.

Once the court has heard from both parties, it may decide that a more Permanent Protective Order is appropriate. Depending on the evidence presented at the hearing, the judge may prohibit the restrained person from engaging in specified acts and/or from being in designated places. This permanent order can last for years and may be indefinitely extended as circumstances warrant.

A true victim of intimate partner violence requires a Temporary Restraining Order to help ensure his or her safety and the safety of his or her children. Contacting an attorney to aid in securing this order should be the victim’s first mission. A knowledgeable attorney can make sure the application is in proper order and that the reasons for requesting the order are articulated in such a way that the judge will understand the imminent need for the victim’s protection.

Unfortunately, there are cases where a TRO is sought against an individual for frivolous or unlawful reasons. Many times, the so-called “victims” of domestic violence are in fact abusing their partners and obtaining an order against that partner is simply another form of that abuse. When that is the case, it is the restrained individual who should immediately hire an attorney. The criminal defense lawyers at The Kavinoky Law Firm know that intimate partner abuse is always two-sided and they will help ensure that the judge and jury not only hear the accused’s side but believe it as well.

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 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 process with their clients. Their reputation for treating their clients with compassion, discretion and respect is exceeded only by their success rate. Click here for a free consultation.

Professional Licensing Restrictions and Sexual Battery

Sexual battery is a California domestic violence offense that can be charged in an abuse case involving intimate partners. The term “intimate partners” applies to nearly every type of relationship – it includes straight and gay couples and those who are married, divorced, living together, have children in common, or who are dating or formerly dating.

Under California law, a licensing board may suspend or revoke a 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. It does not matter whether the conviction was the result of a jury trial, a guilty plea, or a no contest plea.

This suspension or revocation may take place once the defendant is placed on probation, once the conviction has been affirmed on appeal, or once the timeframe within which to file an appeal has ended. In addition, there are several professional licensing boards, including physician and surgeon boards, which maintain their own standards and practices related to disciplining their license holders that may be even more restrictive.

In order to defend against a professional license restriction, it helps to have an attorney to argue against its application. An attorney has the knowledge and available resources to articulate why a sexual battery conviction (under most circumstances) is not substantially related to the “qualifications, functions, or duties” of the defendant’s job. In addition, the skilled attorney may recognize when the defendant’s employer is unlawfully imposing such a restriction in an effort to inappropriately fire their otherwise competent employee.

Sexual battery is an offense known as a “wobbler” under California law, which means that it can be charged as either a misdemeanor or a felony depending on the facts of the individual case. Sexual battery charges can be filed against anyone who touches another person for the purpose of sexual arousal, sexual gratification or sexual abuse.

California domestic abuse law defines “touching” as any type of physical contact – however minor – whether it occurs directly or through the clothing of either individual. An individual can charged with sexual battery even when involved in an ongoing, intimate relationship.

When charged as a misdemeanor with no aggravating circumstances, sexual battery is punishable by a maximum 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 state prison and a $10,000 fine.

When an individual is convicted for this domestic abuse crime, there are several mandatory penalties that will be imposed and other penalties that may be imposed. One of the possible consequences that a defendant convicted of sexual battery may face is a restriction on his or her professional license.

If either facing a sexual battery charge or if recently convicted of the charge, hiring an experienced, knowledgeable criminal defense lawyer to help guard against a conviction and/or a possible professional license restriction is by far the smartest defense strategy. The skilled attorneys at the Kavinoky Law Firm have successfully defended countless individuals who have been charged with intimate partner abuse and have helped them keep their families, careers, freedom and dignity intact.

Defenses available in a California domestic violence stalking case

In California, crimes that are committed against an intimate partner will be prosecuted as domestic violence crimes. Intimate partners are married, divorced, living together, dating, formerly dating or have children together. It therefore follows that if an individual harasses or pursues and threatens his or her partner, with the intent of placing that partner in fear, he or she will be charged with stalking as a domestic abuse crime. Without any aggravating factors or prior convictions, a defendant faces up to one year in jail or prison for this crime – with them, he or she faces up to six years in prison.

Because the consequences of stalking an intimate partner are so severe, it is critical that the accused hires a criminal defense lawyer who specializes in intimate partner abuse law. The experienced attorneys at the Kavinoky Law Firm have defended many D.V. related stalking cases and have mastered the defenses that are used in conjunction with this crime. They can effectively fight for their clients, based on their thorough understanding of domestic violence law.

The elements that are required to prove this crime are the best place to look for defenses, because if the prosecutor can’t prove each element independently, the defendant must be acquitted. To be convicted of stalking, the prosecutor must prove that the defendant “made a credible threat, intending to place his or her intimate partner in fear”. If the defense attorney can show that his or her client never intended to place his or her partner in fear, either because he or she was only joking or because he or she never actually revealed a threat, but only wrote about his or her own private thoughts in a place that wasn’t directed at the partner, that may serve as a defense. In addition, the threat must be made with the “apparent ability” to see it through. If the threat were so ridiculous or so grandiose that its execution would not even be likely, that would also serve as a defense. Along these same lines, if the intimate partner overreacted and it can be proven that a reasonable person in the same situation would not have feared for his or her safety, the defendant would be entitled to an acquittal.

Defenses may often be presented to the prosecutor or judge even before a case goes to trial. Insufficient evidence is one defense that can be raised in an intimate partner abuse stalking case if, for example, the police report didn’t clearly define the crime. Under this scenario, a skilled defense attorney may argue that the charge should be reduced or even dismissed. Similarly, if there were no witnesses to the alleged incidents and/or no proof of the charges, absent the partner’s accusation, the defendant’s attorney may be able to have the case dismissed at the preliminary hearing, thereby avoiding a trial. Mistaken identity could also be raised as a defense if the perceived threat was received in any manner other than face-to-face.

Defenses raised during a trial can include any of the previously stated pre-trial defenses and may also include false accusations. DV often characterizes volatile, highly charged relationships. Oftentimes, either partner does whatever it takes to gain control over the other, as domestic violence statistics reveal that, in many partnerships, both partners are abused and both partners are abusive. Such being the case, a partner may initiate a false stalking charge out of anger, revenge, jealousy or another motive simply to punish the partner. An experienced attorney will bring this type of defense to light by effectively cross-examining any and all witnesses.

The outstanding attorneys at the Kavinoky Law Firm receive ongoing training in intimate partner violence cases and on all of the defenses that are available in these types of special cases. The creative Kavinoky lawyers will customize an intimate partner stalking defense based on each client’s charge and will educate the client about the many additional defenses that may apply to that case. Click here for a free consultation.

 

Domestic violence, in California applies to all crimes that are committed against one’s intimate partner. Intimate partners are both heterosexual and homosexual partners who are married, divorced, dating, formerly dating, living together or have children together. A defendant who is in custody and charged with most DV crimes will have more restrictive release conditions than a person who was charged with something other than an intimate partner related crime. In addition, when charged with a crime of domestic abuse, the defendant faces certain mandatory terms of probation that are imposed on all persons who are convicted of intimate partner abuse charges. These terms include the booking process, fines, classes and/or D.V. counseling, being restrained by a criminal protective order and a host of other penalties, depending on the specific crime. Clearly, it helps to hire a qualified criminal defense lawyer immediately upon an intimate partner’s criminal accusation who can help a defendant navigate the criminal courts system with ease, understanding and, above all, success.

The unparalleled attorneys at The Kavinoky Law Firm specialize in intimate partner abuse crimes and are located throughout the state of California to conveniently serve anyone in need. They receive ongoing training and education in this specific and technical area of the law and are well-equipped to handle any domestic violence case that comes their way.

Domestic abuse cases, although based on different crimes, have certain issues that are common in almost all cases. DV-related crimes have specific evidentiary issues that are only applicable to these types of cases. For example, in most criminal cases, the prosecuting attorney is not permitted to introduce evidence of the defendant’s prior criminal conduct. In an intimate partner abuse case, however, he or she will readily do so, which may lead a jury to conclude that if a defendant acted in a certain manner in the past, he or she was likely to do so again. Another example is with respect to the admissibility of hearsay, which is a statement that was made out of court that is later offered in court for its truth. Hearsay, under most circumstances, is inadmissible as evidence in a criminal trial. However, when a defendant committed a crime against his or her intimate partner, hearsay will be admitted and can be devastating to the defense.

Another reason to hire a defense lawyer who has experience with California’s domestic violence laws is because there are witness issues that frequently arise in these types of trials. Due to the very nature of intimate partner relationships, many D.V. crimes are based on highly charged, emotional incidents that, more often than not, occur in private outside the presence of witnesses. Such being the case, it is crucial to have an attorney who excels in witness examination and cross-examination to make sure that discrepancies in testimony and any false allegations are revealed. On that note, false accusations are, unfortunately, common in intimate partner abuse crimes because, as domestic violence statistics reveal, many times both partners are abused and abusive and will do anything they can to exert power over the other, even if it means filing a false police report out of anger, jealousy or revenge. Keeping the jury in mind, a skilled domestic violence attorney knows how to gently examine a witness when appropriate and when it is perfectly acceptable to take the gloves off and attack.

An experienced California domestic violence attorney will also be familiar with recanting victims and Battered Person’s Syndrome (more commonly called Battered Women’s Syndrome) and the difficult challenges they pose for the defense. A defense attorney without this special knowledge will be at a severe disadvantage if faced with either during a trial.

The consequences facing a person accused of domestic violence are severe and possibly life-altering. One’s reputation, family and freedom are too important to trust to an inexperienced attorney. To contact the attorneys at The Kavinoky Law Firm who specialize in California domestic violence law, click here for a free consultation.

The Incident

California’s domestic violence laws include a variety of offenses that apply to all intimate partners. Intimate partners include both heterosexual and same-sex couples who are married, divorced, cohabitating, dating and who were dating. An intimate partner abuse charge usually begins as a harmless situation that turns out of control and results in an emotional, highly charged incident. The accused is often left feeling very frustrated, either as a result of also being abused or because the accuser is portrayed as blameless. After the arrest, there are several steps that a defendant should take to ensure that a judge and/or jury hear his or her side of the story.

Hiring an attorney

A California domestic violence conviction is extremely serious. To help avoid the many severe consequences that such a charge carries, it is imperative to contact a skilled defense attorney as soon after the arrest as possible to allow the attorney to analyze evidence and question witnesses while the incident is still fresh. An experienced attorney from The Kavinoky Law Firm examines each case and works with the individual to devise the best possible defense.

The first step that the lawyer will take is to try to get the arrested individual out of jail as quickly as possible. A skilled attorney will help guide the accused through the release process whether it involves posting bail, reducing bail or effectively demonstrating to the judge why the defendant should be released without having to post any bail at all. In addition to the obvious benefit of regaining one’s freedom, there are several other significant advantages to defending a case while out of custody, including slowing down the criminal process. Oftentimes, memories fade, witnesses recant and the strength of the prosecution’s evidence lessen over time. An aggressive attorney will note these discrepancies and pit them against the fresh evidence and witness accounts that he or she previously gathered to help highlight the inconsistencies in the case against the defendant.

Keep a diary

As soon as the incident is reported, it is imperative that the accused begins keeping a detailed diary of all the events that led to the incident, the details about the incident itself and about everything that happened after the incident up until the police arrived. Note taking is critical because most domestic abuse charges involve “he said, she said” allegations and it is often the one who clearly remembers and can articulate the events surrounding the incident who is believed. Once written, the defendant should then turn the diary over to his or her lawyer to ensure its safe-keeping.

The investigation

An experienced California defense lawyer may want to work with a private investigator to help gather all the pertinent facts. Private investigators are often former law enforcement officers who know the criminal system inside and out and know how to effectively question witnesses and uncover facts that are essential to the defense case. The investigator submits his or her findings in a report directly to the attorney, helping the attorney to more fully develop the defense strategy.

Gathering evidence

The attorney and investigator will diligently search for and successfully obtain all records, reports and photographs that are related to the accused’s case. This includes any medical reports for the defendant or the accuser, any pictures that were taken by either party or by the police of any physical injury or property damage and any other evidence deemed relevant by the attorney as it relates to the specific charges. Once all the evidence is collected, the skilled defense attorney can develop the most comprehensive and effective strategy to ensure that the defendant’s side of the story is not only heard but also believed.

When arrested for a California domestic violence charge, the defendant faces life-altering consequences, as his or her family, career and freedom are all jeopardized. Contact a highly reputable and qualified defense attorney from The Kavinoky Law Firm as soon as possible to secure the best defense available. Click here for a free consultation.

Domestic battery, more commonly called “spousal abuse” or “spousal battery,” is a California domestic violence crime that applies to intimate partners. Intimate partners may be heterosexual or homosexual and married, divorced, living together, have children in common, dating or formerly dated. If a person willfully and unlawfully uses force or violence upon an intimate partner, he or she can be charged with battery, which is typically charged as a misdemeanor and carries a maximum penalty of a one year jail sentence and a $2,000 fine.

An intimate partner can face domestic battery charges even if he or she used only the slightest force. Any unwelcome touching can result in a battery charge. However, if the accuser suffers a serious injury, the battery charge will rise to a felony, which carries a maximum penalty of four years in state prison.

While that is the maximum prison sentence and fine that can accompany a first-time battery conviction (a person with prior 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. Having a caring and knowledgeable attorney from The Kavinoky Law Firm at the defendant’s side will make these conditions seem less overwhelming, as the attorney will help guide the defendant through the probationary process.

Anyone convicted of domestic battery in California will be placed on a minimum of three years probation which may be formal, meaning that the individual reports directly to a probation officer on a monthly basis and does as he or she is told by that officer, or informal, frequently called “summary probation,” which means that the individual must follow-through with the terms of probation and must not violate any other laws.

During the period the offender is on probation, 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 accuser will be notified about the outcome of the case. Within a week of sentencing, the defendant must be booked, which means entered into a criminal database, fingerprinted and photographed if he or she wasn’t booked prior to trial.

In addition to the procedural conditions just described, the convicted must pay a minimum of $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 payment 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, discretion and respect. They sympathize with their clients and do their best to help each client through this difficult time. To learn more about the penalties that go along with a battery conviction or to speak with one of our attorneys regarding any another legal matter, click here for a free consultation.

Domestic battery, also referred to as “spousal abuse” or “spousal battery,” is a California domestic violence offense that can be charged in any alleged abuse situation involving intimate partners. The term “intimate partners” covers a wide range of relationships, including heterosexual and homosexual couples, individuals who are married, divorced, living together, have children in common, or who are dating or were formerly dating.

Anyone who willfully and unlawfully uses force or violence against an intimate partner can be charged with battery, which is typically charged as a misdemeanor and carries a maximum penalty of a one year jail sentence and a $2000 fine. This charge can be brought against a defendant even if he or she used the slightest force. Any unwanted physical touching could lead to a battery charge. However, if the accuser suffers a serious injury, the battery will rise to a felony, which carries a maximum sentence of four years in state prison.

The good news is that there are many effective defenses 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 will ensure that the defendant’s version of events is not only heard by the jury, but believed as well.

Because a battery charge requires no physical proof of an injury and is commonly based on a “he said, she said” allegation, physical evidence and eyewitness testimony can be critical to the prosecution. However, a good lawyer will attempt to either discredit both or alternatively make them favorable to the defense.

In an effort to acquit the accused, the attorney will employ as many defenses as he or she can, which all include a thorough review of the facts, witness preparation and effective cross-examination skills. The experienced attorneys at The Kavinoky Law Firm specialize in intimate partner abuse cases. They are familiar with and have mastered the defenses available to an accused facing a battery charge and know how to effectively communicate them to the judge and jury.

Two common battery defenses are self-defense and the defense of others. If the accused can prove either of these defenses, he or she cannot be found guilty of this crime, as they negate criminal responsibility. Likewise, if there is a lack of intent on the part of the defendant (for example, the force or sustained injury was the result of an accident), he or she must be acquitted of this charge.

As stated previously, an accused can be charged with battery even if he or she used the slightest force. When a victim sustains little or no injury and there is no documented proof of the abuse or any credible eyewitnesses, the defense may argue that there is insufficient evidence to prosecute the defendant. Along these same lines, there will be occasions where mitigating circumstances existed at the time of the alleged incident that may either reduce or negate the charge. These are just some of the reasons why it is so important to have professional legal representation experienced in this area of the law.

Domestic violence statistics reveal that many couples who are involved in an abusive relationship are both victims and both abusers. This means that an accused may also be the victim of his or her intimate partner’s abuse and should not legally bear sole responsibility for the alleged incident. Another example of this power struggle (which is also another common defense) is when the so-called “victim” files false allegations. A skilled defense attorney knows how to effectively cross-examine a “victim” to prove that the allegations were indeed false and initiated out of anger, jealousy or revenge.

A domestic violence charge such as battery can have life-changing consequences, as the defendant’s reputation, livelihood and freedom are all in jeopardy. In an aggressive effort to acquit their clients, the experienced defense attorneys from The Kavinoky Law Firm will effectively communicate these defenses to the judge and jury. Become a part of their success. Click here for a free consultation and for the best representation.