In California, a person commits the crime of stalking when he or she follows or harasses an intimate partner and threatens him or her to the point where the partner reasonably fears for his or her safety. The offense is a crime of domestic violence and the legal consequences vary from up to one year in county jail and a maximum fine of $1,000 for a misdemeanor charge, to up to one year in the state prison for a felony charge.

California designed its intimate partner abuse laws to decrease the incidence of domestic violence. The state has defined intimate partners as persons who are married, divorced, separated, dating, cohabitating, or people who have children together. Both heterosexual and homosexual couples are covered under these laws.

In addition to the penalties listed above, the court may increase the sentence if aggravating factors were present at the time of the alleged incident. An aggravating factor is a fact or circumstance that exacerbates an alleged crime. The presence of an aggravating factor usually moves the court to impose the strictest penalty available. Having an experienced criminal defense lawyer is vital to a person accused of stalking with aggravating factors. The knowledgeable attorneys at The Kavinoky Law Firm have extensive experience in California D.V. law. They launch aggressive defenses on behalf of their clients. They know what arguments to make to a judge to minimize the potential damage that aggravating factors can create on the defendant’s case.

There are three aggravating factors most commonly seen in connection with the charge of stalking: significant bodily injury, violating a previous court order and prior convictions. When a defendant inflicts a significant injury upon his or her intimate partner while stalking that individual, he or she faces three to five years in the state prison. This sentence would be in addition to and consecutive with any prison time imposed if no aggravating factor had been present.

If the defendant was accused of stalking an intimate partner and that partner had a court order against the defendant, the court would impose a stricter prison sentence. The charge in this circumstance would be a felony, punishable by incarceration in the state prison for two to four years.

Another aggravating factor is if the defendant had a prior conviction for stalking or another crime. A previous stalking charge will raise the current charge to a felony, punishable by two to five years in the state prison. If the accused is convicted of the pending charge and was previously convicted of infliction of injury, violation of a court order or criminal threats he or she may not have additional consequences but if they are imposed, they would range from two to five years in the state prison, depending on the circumstances of the alleged incident and the amount of time that elapsed since the prior conviction.

Aggravating factors can be devastating to a person charged with stalking or any other intimate partner abuse charge. An individual in this predicament should retain a skilled attorney from The Kavinoky Law Firm who understands the nuances in domestic violence law and can defend against additional criminal penalties. Kavinoky attorneys have a great deal of experience in these types of cases and treat their clients with dignity and respect. Contact The Kavinoky Firm today and speak with a legal professional who will discuss all options.