Stalking will be charged against an individual as a California domestic abuse crime when it is committed against the individual’s intimate partner. Persons who are or were civilly united, who are or were dating, who are or were living together and those who have children together are considered intimate partners within the GLBT community. Stalking one’s intimate partner involves following or harassing that partner and threatening him or her to the point where the partner reasonably fears for his or her safety. Those circumstances, by themselves, will lead to a sentence that is punishable by up to one year in county jail and a maximum $1,000 fine if charged as a misdemeanor or punishable by up to one year in the state prison if charged as a felony. However, there are certain aggravating factors that, if present at the time of the charged incident, will force a judge to impose a more severe sentence.

Aggravating factors are facts or circumstances that make an alleged crime even more disturbing. When an aggravating fact does exist, it usually means that a court will impose the strictest available penalty when it is within the court’s discretion to do so. This is one reason why an individual who is accused of stalking should contact an experienced California domestic violence lawyer immediately upon an arrest.

Aggravating factors that are commonly connected to a DV stalking charge include great bodily injury being inflicted upon the alleged victim (or intimate partner), the defendant violating a court order already in place and prior convictions.

If an individual inflicted great bodily injury upon his or her intimate partner while stalking that individual, he or she faces three to five years in the state prison in addition to and consecutive with any prison time that would have been ordered had the injury not been sustained. A good criminal defense lawyer may argue that the injury was the result of an accident and not directly the fault of the accused if such an argument could possibly be supported by the facts.

Stalking an intimate partner in violation of a court order prohibiting such conduct against that same partner will also result in a stiffer prison sentence. If convicted of stalking under these circumstances, the defendant will definitely face a felony, punishable by imprisonment in the state prison for at least two years and as many as four.

Prior convictions for stalking or for other crimes will also warrant a more severe sentence for a convicted defendant. If the defendant was previously convicted of a felony stalking charge, he or she will face a felony, punishable by either two, three or five years in the state prison. If he or she was previously convicted of infliction of injury, violation of a court order or criminal threats and is convicted in the pending case, he or she may face the same penalty as if he or she hadn’t been previously convicted or may face a felony, punishable by either two, three or five years in the state prison, depending on the circumstances surrounding the incident and on how much time elapsed since the last conviction.

Aggravating factors make it even more critical for the accused to contact the skilled LGBT supportive attorneys at the Kavinoky Law Firm who are familiar with all of the special issues that are raised in intimate partner abuse cases and, more specifically, in a stalking case. Understanding the unique needs that their gay clientele may have, they are well equipped to vigorously defend such clients with compassion and respect. They will do their best to persuade the court that alternative sentencing better serves the interests of justice than incarceration and will argue that additional sentencing would simply be unjust. With law offices conveniently located in Los Angeles and throughout California, they are available to provide their exceptional services and outstanding legal advice to anyone in need of a California domestic violence attorney. Contact them today for a free consultation.