| Intimidating an intimate
partner, regarded as a crime of domestic violence in California,
will usually be filed as a misdemeanor
unless there were aggravating circumstances that surrounded
the alleged offense, in which case the crime would be charged
as a felony. 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 has children, the person with whom
he or she is or was living or the person whom he or she is
or was dating. The penalties associated with this crime vary
depending on the severity of the individual case.
Punishment for a misdemeanor involves up
to a year in jail. A misdemeanor will generally be charged
if the defendant tried to prevent his or her intimate partner
from testifying in a criminal proceeding, from answering questions
asked by any law enforcement or prosecuting agency or from
initiating a criminal complaint by using only his or her words,
without resorting to force or violence.
Punishment for a felony involves up to four
years in prison and possibly as many as nine years in prison
if the defendant’s intimate partner suffered great bodily
injury as a result of the offense. A felony will be charged
if the defendant did any of the above while expressly or impliedly
threatening force or violence, while actually using force
or violence, while acting to further a conspiracy or while
committing the offense for financial gain. In addition, a
felony will be charged if the offense was committed by someone
who had a prior conviction for this charge (whether it was
as a misdemeanor or as a felony) or whether the prior conviction
was received in another state.
Punishment in an intimate partner intimidation trial will also include certain penalties if the defendant
receives a probationary sentence, regardless of whether the
charge was filed as a misdemeanor or as a felony. These penalties
are imposed in all domestic abuse crimes in California. Some
of the penalties are designed to punish, others are imposed
to rehabilitate and include community service, participation
in a batterer’s class and fines.
Punishment in a DV intimidation case may
also invoke professional license issues, such as restrictions
or suspensions that may affect an individual’s ability
to secure gainful employment. Firearm restrictions will also
apply, possibly ending an individual’s career if he
or she is required to carry a firearm for work.
Criminal prosecution isn’t the only
penalty that faces the accused, as his or her intimate partner
could also sue him or her civilly for monetary damages. Civil
penalties include heavy fines and the issuance of a civil
harassment restraining order but do not include incarceration.
It must be clear that the defendant may face civil penalties
in addition to criminal penalties.
In order to avoid the life altering penalties
that can coincide with an intimidation conviction, it is vital
for the accused to hire a California domestic violence lawyer who is familiar with all of the defenses that are applicable
to this offense and who knows how to effectively use them.
The GLBT-friendly attorneys at the Kavinoky Law Firm specialize
in California crimes of intimate partner abuse and have successfully
defended countless individuals charged with these types of
offenses. They defend each case with the utmost skill and
integrity and treat each client with compassion and respect.
For their gay, lesbian, bisexual and transgender clients who
must face punishment, they will ensure that their safety and
privacy is taken into consideration by the court and they
will help locate services that are sensitive to their needs.
With law offices in Los Angeles and throughout California,
they are available to anyone in need of a California domestic
violence attorney. For legal advice about an intimidation
charge, contact them today for a free consultation.
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