| California’s domestic
violence laws include offenses that occur between intimate
partners. Intimate partners, with respect to a same sex relationship
include civilly united or formerly civilly united couples,
cohabitating or previously cohabitating couples, persons who
have children together and persons who are or were dating.
Intimidating an intimate partner is one charge that may be
brought in a California domestic abuse case.
The consequences that a defendant faces with
this charge are extremely serious. Not only is the defendant’s
reputation on the line, but jail time or even a prison sentence
may await. Given the severity of these penalties, it’s
vital to have an experienced California domestic violence
lawyer who will aggressively defend the charges, and a skilled,
gay-friendly attorney from the Kavinoky Law Firm will do just
that.
Intimidating an intimate partner can be charged
as either a misdemeanor or a felony depending on the severity
of the individual case. If an individual knowingly and maliciously
prevents or dissuades or attempts to prevent or dissuade his
or her intimate partner from initiating a criminal complaint,
answering questions asked by any law enforcement agency or
from testifying in a court proceeding, he or she can be charged
with a misdemeanor or felony punishable by up to one year
in either county jail or state prison. If force or a threat
of force (either express or implied) accompanied the attempt
to intimidate, if the intimidation was part of a conspiracy,
or if the defendant intimidated the accuser for his or her
own financial gain, he or she faces a felony punishable by
at least two years in state prison (possibly up to four) and
possibly longer if the intimate partner suffered from a significant
or substantial bodily injury as a result of the intimidation.
Firearm and professional licensing restrictions will likely
be implemented as well.
It is important to note that it doesn’t
matter if the intimate partner actually felt intimidated or
was actually physically hurt, as the success or failure of
the offender’s attempt is irrelevant to the charge and
to his or her defense.
While intimidating a victim or witness isn’t
necessarily a domestic abuse charge, if the act is committed
against an intimate partner, it will be treated as such, which
subjects the accused to a variety of specific consequences as a result. If charged with a DV related offense, such as
this one, it is important to hire an attorney who is well
versed in and has experience dealing with domestic violence
cases in California in order to secure the best possible defense.
Such an attorney will know how to investigate the charges
– know what questions to ask, know what evidence to
look for and how to persuade the prosecution to either reduce
or possibly even drop the charges based on the holes in their
case.
Intimidating an intimate partner is a serious
charge with serious consequences that not only affect one’s
reputation, but also one’s career, family and even freedom.
Contacting a skilled California criminal defense lawyer immediately
after an arrest is the best way to help ensure that these
harsh possibilities don’t become one’s reality.
The GLBT supportive attorneys at the Kavinoky Law Firm receive
on-going education and training in intimate partner abuse law and its penalties, keeping them ahead of their competition.
They also understand the very real, very private concerns
that a gay, lesbian, bisexual or transgender client may have
when forced into a judicial process that is, at times, still
plagued by intolerance and fear for those who are involved
in a same sex relationship. They will do their best to make
all their clients feel as comfortable as possible and will
try to ensure that they are treated with the same compassion
and respect from the court that they will undoubtedly receive
from the firm. For legal advice about an intimate partner
intimidation charge, contact their law offices today for a
free consultation.
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