Intimidating an intimate partner is a California crime of domestic violence, which subjects the accused to specific penalties. This offense is committed when an individual either intimidates or attempts to intimidate his or her intimate partner in an effort to prevent him or her from initiating or participating in a criminal matter. One’s same sex intimate partner may be his or her partner or former partner in a civil union, the person with whom he or she lives or lived, the person with whom he or she has children or the person whom he or she is or was dating. If convicted of this crime, the accused faces either a misdemeanor, punishable by up to one year in jail or a felony, punishable by up to four years in prison.

When a suspect is arrested for the domestic abuse charge of intimidating his or her intimate partner as a misdemeanor, bail will be set according to a bail schedule. A bail schedule lists the amount of bail that a defendant should pay based upon the specific crime with which he or she has been charged. An individual’s bail can be raised to a higher amount if the arresting officer persuades the court that the set bail amount may not be high enough to protect the alleged victim from further abuse or to secure the defendant’s presence in court or may be lowered based on an application that may be presented by the accused or by anyone on his or her behalf.

However, when a suspect is arrested on a felony intimidation charge (under certain circumstances), the law requires that the accused attend a bail hearing before his or her bail may be modified or before he or she may be released on his or her own recognizance (commonly called an OR release). Those circumstances include situations where the defendant is accused of using force or violence (either express or implied) during his or her attempt to intimidate his or her intimate partner, where the intimidation was in furtherance of a conspiracy or where the intimidation was initiated for pecuniary gain. At a bail hearing, the court looks to see if the accused has any prior criminal history, what his or her ties are to the community and what facts were involved in his or her case. When considering these facts, it is helpful for the accused to have a California domestic violence lawyer by his or her side who knows what arguments are likely to convince a judge that a reduced bail or even an OR release is appropriate.

If an OR release is denied, which is to be expected in a felony case, the accused can choose to post bail in one of two ways – he or she can either post cash bail or can contract with a bondman who will post a bail bond on the defendant’s behalf. If the defendant elects to post cash bail, he or she must pay 100% of the bail, which will only be refunded if he or she makes all of his or her court appearances. If the defendant elects to post a bail bond, he or she only pays 10% of the bail amount to a bondsman who then posts the full amount for the defendant. To further ensure that the defendant will make all of his or her appearances so that the bond is returned at the conclusion of the case, the bondsman may also require that the defendant provide some form of collateral, which the bondsman will be entitled to keep or sell in the event that the defendant flees.

The GLBT supportive attorneys at the Kavinoky Law Firm will fight to get their clients released from custody as quickly and inexpensively as possible. To secure the best representation from a firm who has successfully defended countless individuals charged with intimate partner abuse crimes, contact them today for a free consultation.