Stalking, will be prosecuted as a crime of domestic abuse in California if the defendant willfully followed or harassed and threatened his or her intimate partner with the intent of placing that partner in fear. Intimate partners, within the LGBT community have children together, are or were living together, are or were civilly united and are or were dating. If convicted, the defendant faces up to a year in jail and up to a $1,000 fine if the charge was prosecuted as a misdemeanor or up to one year in prison if the charge was processed as a felony. Aggravating factors and/or certain prior convictions will likely result in a felony charge, raising the prison sentence to as many as six years. Regardless of how the crime is classified, additional penalties will also be imposed.

Alternative sentencing allows a defendant to stay out of jail or prison, so long as he or she abides by specific conditions imposed by the court. Alternative sentencing is not something that a judge or prosecutor offers to a defendant convicted of a crime, as it is up to a knowledgeable California domestic violence lawyer to advocate for it on behalf of his or her client.

Alternative sentencing can vary in supervision, in time commitment and in intensity. Some common alternatives to jail or prison that might be imposed when an individual has been convicted of stalking his or her intimate partner in a domestic violence case include electronic monitoring or house arrest, probation, counseling for any number of issues, including different types of abuse and/or substance abuse and making restitution to the intimate partner, if possible. Although these alternatives are the most commonly used, they are by no means all of the options available to a defendant. The creative, GLBT supportive attorneys at the Kavinoky Law Firm keep current on alternative sentencing options and the ways in which they can be used for persons convicted of D.V. stalking, which allows them to effectively argue for specific alternatives to imprisonment. They tailor alternative sentencing options to meet each client’s individual needs and know how to successfully convince the court that these options will rehabilitate their client’s behavior in a more effective way than incarceration would. They will additionally address the fact that imprisoning their gay clients may pose significant safety risks, which should unarguably be avoided.

Courts will take into account a variety of factors when considering whether to impose an alternative sentence when requested. Drugs and/or alcohol, the defendant’s prior criminal history, mental illness and mitigating or extenuating circumstances will all factor into a judge’s decision when he or she weighs the pros and cons of imposing an alternative to jail or prison. It should also be noted that in a DV stalking case, a court might on its own decide that the Department of Corrections should evaluate the defendant for placement in a state mental hospital if it believes that the rehabilitation of the defendant would be expedited in such an institution.

Alternative sentencing can be the key to ensuring that an individual convicted of stalking his or her intimate partner maintains his or her liberty and freedom. A stalking charge prosecuted as an intimate partner abuse crime can be a life-changing event. One’s reputation, family and freedom are too important to trust to an inexperienced attorney. The gay-friendly attorneys at the Kavinoky Law Firm will vigorously advocate for their clients and know which circumstances and facts will be likely to persuade a court to grant their request for alternative sentencing. Because they have law offices in Los Angeles and throughout California, they are familiar with the different courts located throughout the state and know what options are likely to be considered by each. For legal advice about a same sex intimate partner stalking charge or about alternative sentencing options, contact them today for a free consultation and for the best representation.