California has a vested interest in deterring intimate partner abuse which has been on the rise in the last several years. To combat this problem, the state has developed a stringent series of domestic violence laws to protect victims of abuse and severely punish perpetrators. The laws protect all intimate partners, defined by the state as girlfriends, boyfriends, spouses, divorcees, cohabitants, and people with children in common. These partners can be homosexual or heterosexual.

Witness intimidation is one California offense involving intimate partners that entails serious consequences if a conviction is secured. The crime will be charged when an individual attempts to dissuade an intimate partner from filing a police report, answering questions asked by law enforcement, or testifying in court. The crime is a wobbler, meaning it can be charged as a misdemeanor or felony. Most instances of witness intimidation are filed as misdemeanor charges punishable by up to one year in jail. However, if the accused allegedly used or threatened force, if the intimidation was part of a conspiracy, or if the intimidation was carried out for financial gain, the charge will be classified as a felony, punishable by two to four years in prison. It is irrelevant whether the attempt was successful; the intention to intimidate is sufficient for prosecution.

While the above list of penalties gives the maximum amount of prison time to which a first-time offender will be sentenced, it is not a comprehensive catalog of the penalties that the accused ultimately faces. Aggravating factors can exacerbate the sentence. These are extenuating circumstances that may cause a judge to administer a harsher sentence for a crime.

It is quite common for a defendant to be placed on probation for at least three years with a domestic violence conviction. Any California intimate partner abuse crime usually leads to certain mandatory terms of probation that include the booking process, issuance of a criminal protective order against the defendant, participation in a batterer’s class and an additional fine that the state distributes to various domestic violence funds.

Aggravating factors almost always lead to mandatory prison time. A significant or substantial injury by the victim will likely invoke three to five years in prison in addition to any other incarceration that the judge ordered. If force or violence accompanied the intimidation, the defendant will probably be punished to the fullest extend of the law, including a four-year prison sentence.

Another condition that may lead to increased sentencing is a prior conviction. A person who has previous encounters with law enforcement should secure a good criminal defense attorney who knows how to handle such situations. An experienced lawyer will aggressively defend his or her client by arguing that imposing a longer prison sentence is not in the best interest of society or the accused. The attorney will also know what arguments to assert to best support this claim.

Another concern for a defendant convicted of witness intimidation is professional licensing restrictions. California law provides that a licensing board may suspend or revoke a professional license if the 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. Therefore, a conviction could potentially end an individual’s career.

Finally, in addition to having to deal with criminal charges and the threat of a conviction, an individual may also be sued in civil court for the offense as well. In a civil court, a person who is found liable for committing the tort of witness intimidation may be subject to additional heavy fines and a civil protective order but cannot be sentenced to jail or prison time.

The life-altering consequences of a witness intimidation conviction are just one of the many reasons that a person accused of such a crime should consult with a qualified attorney who can explain all the options and devise a strategic defense for the accused. Lawyers with the Kavinoky Law Firm have successfully defended countless individuals from intimate partner abuse charges. Contact a Kavinoky attorney today and speak with a legal professional who can help with all aspects of the case.