When one’s intimate partner attempts to prevent him or her from participating in a criminal proceeding or from initiating one, that partner could be charged with intimidating his or her intimate partner as a California crime of domestic abuse. Lesbian, gay, bisexual and transgender intimate partners are those who are or were living together, those who are or were dating, those who are or were civilly united and those who have children together. If convicted of this offense, the defendant faces a misdemeanor, which carries a maximum one-year jail sentence or a felony, which typically carries a maximum four-year prison sentence but could be increased if aggravating circumstances warrant more severe punishment.

Alternative sentencing may, however, be available to prevent the incarceration that coincides with an intimate partner intimidation conviction. Alternative sentencing provides the defendant with an opportunity to remain out of county jail or state prison while still serving his or her sentence. This is achieved through the use of electronic monitoring (also commonly called house arrest), probationary sentences that include either formal or informal probation, counseling, stays in private or city jails, community service or labor and making restitution to the alleged victim where appropriate. It should be noted that this list is not exclusive, it is simply a sampling of the most popular types of alternative sentences that might by used in connection with an intimidation case. Since neither the court nor the prosecution offers alternative sentences, it is up to a knowledgeable California domestic violence lawyer to request it and to convince the judge that it is a suitable sentence of which the defendant is deserving.

Alternative sentencing is considered a gift to the accused and, as a result, courts frequently need quite a bit of persuasion to agree to its imposition. The GLBT supportive attorneys at the Kavinoky Law Firm pride themselves on their success with obtaining creative alternative sentences for their clients. In addition to the many valid reasons to argue for alternative sentencing for any client, a criminal defense lawyer may want to argue that incarceration could pose a safety threat to his or her gay, lesbian, bisexual or transgender client and that an alternative to jail or prison would be a less dangerous form of punishment for such an individual.

Whether alternative sentencing is granted will depend on a number of factors. It is usually reserved for defendants who commit less-serious offenses and who do not have significant criminal histories, so it may be easier for an individual who has been charged with this offense as a misdemeanor to secure this type of sentence. That doesn’t mean that alternative sentencing won’t be imposed if the defendant is charged with intimidation as a felony, it just means that the attorney will have to present some mitigating circumstances to help persuade the court that the defendant deserves a sentence that doesn’t include imprisonment. This is why it helps to have an attorney who specializes in California crimes of intimate partner abuse who is experienced in this area of the law and knows what facts and circumstances are likely to encourage the court to impose a proper alternative sentence.

Alternative sentencing can be the difference between keeping and losing one’s job, family and freedom. One’s liberties are too important to trust to an inexperienced attorney and, unfortunately, many defense attorneys don’t know that alternative sentencing may be available upon request. The gay-friendly attorneys at the Kavinoky Law Firm have law offices located in Los Angeles and throughout California, which allows them to provide their exceptional legal advice to those in need throughout the state. They know the intricacies involved in DV defenses and behind alternative sentencing and, as a result, are well equipped to provide the most comprehensive defense available. Contact them today for a free consultation and for unsurpassed representation.