Intimidating an intimate partner will be prosecuted as a domestic violence offense in California. It takes place when an individual tries to or does persuade his or her intimate partner from participating in a criminal proceeding at any stage. GLBT intimate partners are partners who are or were civilly united, who are or were living together, who are or were dating and who have children together. This charge may be filed as either a misdemeanor, which carries a maximum one-year jail sentence or as a felony, which carries a maximum four-year prison sentence. The severity of the facts and circumstances that surrounded the alleged incident determine how the charge will be filed.

Aggravating factors will cause an intimate partner intimidation charge to be filed as a felony. Aggravating factors are facts or circumstances that took place during the alleged offense that make the offense seem either more serious or more dangerous. When present, they tend to invite the strictest penalty available under the law. Because of this fact, it is critical that an individual who has been charged with the domestic abuse crime of intimidating his or her intimate partner hires a California domestic violence lawyer who is experienced with this special area of the law and who will know how to convince the judge that imposing the strictest available penalty will not best serve the interests of justice.

Aggravating factors that are commonly seen in connection with intimidating an intimate partner include force or violence and physical injury. If, while during the commission of this offense, the defendant used force or violence against his or her intimate partner, he or she would likely serve the full four-year prison sentence, which is the maximum penalty for this offense when filed as a felony. Force or violence are synonymous with one another and mean any unlawful use of physical force against the intimate partner. The amount of force is irrelevant to the penalty, as even the slightest touch will suffice if done in a rude or angry manner. Whether the partner suffered an injury as a result of the force is also irrelevant, as it is the act and not the result that matters for this aggravating factor.

Physical injury will become relevant, however, as its own aggravating factor if the intimate partner, the alleged victim, did, in fact suffer a significant or substantial injury as a result of the alleged offense. This fact alone can cause the defendant to serve an additional three to five years in prison, which means that an individual accused of committing this crime may face a total of up to nine years in prison if his or her intimate partner was seriously injured and if the accused doesn’t have professional legal representation that specializes in criminal defense.

There is hope. With law offices in Los Angeles and throughout California, the experienced, LGBT-friendly attorneys at the Kavinoky Law Firm are here to help! They are familiar with the intricacies of an intimate partner intimidation case and have successfully defended countless intimate partner abuse charges. When aggravating factors are an issue, they will do their best to persuade the court to either reduce the sentence in the interests of justice and/or may propose alternative sentencing as another option, based on the facts and circumstances of the individual case. The Kavinoky Firm is devoted to protecting the rights of all their clients and treats each with the utmost compassion and respect. They are supportive of their clients involved in same sex relationships and understand the unique issues that such relationships may raise within a sometimes-homophobic judicial system and know how to effectively resolve them. For legal advice about an intimidation charge, contact them today for a free consultation and for exceptional representation.