Increased awareness of domestic violence has led the State of California to develop one of most stringent set of laws in the country. The state has a vested interested in protecting its intimate partners (girlfriends, boyfriends, spouses, divorcees, cohabitants and people with children in common) from abuse. California protects homosexual relationships the same as heterosexual ones.

If an individual prevents or dissuades or attempts to prevent or dissuade his or her intimate partner from initiating a criminal complaint, answering questions posed by a law enforcement agency, or from testifying in a court proceeding, he or she will likely be charged with witness intimidation. This crime is a wobbler meaning it can be filed as a misdemeanor, punishable by up to one year in jail, or a felony, punishable by two to four years in state prison. Witness intimidation will be charged as a felony 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 intimidation was perpetrated for financial gain. Whether the intimate partner was actually intimidated or actually injured is irrelevant. As long as the defendant made the attempt, he or she can be prosecuted for the crime.

In addition to incarceration, a conviction for witness intimidation has several mandatory penalties that will be imposed and other penalties that may be imposed. Having a restriction placed on one’s professional license or losing the license is one of the possible consequences that a defendant convicted of intimidating his or her intimate partner may face. Under California law, if a license holder has been convicted of a crime that is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued, the professional board that issued the original license may suspend or revoke it.

When facing a professional license suspension or any other legal consequence of a witness intimidation offense, the person charged with the crime should retain knowledgeable legal counsel. A good defense attorney has many resources available and can argue that the crime of intimidating a witness in most cases is not substantially related to the qualifications, functions, or duties of the defendant’s job. Furthermore, the lawyer can determine if the defendant’s employer is simply seeking to have the license suspended in order to fire an otherwise competent employee.

Attorneys at The Kavinoky Law Firm are quite knowledgeable about California domestic violence law and the potential consequences of a conviction. They have helped many clients who were facing professional license suspensions by convincing the boards that such suspensions were not warranted. Kavinoky lawyers receive ongoing training in intimate partner abuse and understand the difficulties that an accusation can create. Contact The Firm today and speak with a trained legal professional who can discuss all of your options.