California has a vested interest in protecting the state’s intimate partners. To accomplish this task, a stringent set of domestic violence laws were passed to punish perpetrators and decrease the incidence of intimate partner abuse. The laws define intimate partners as boyfriends, girlfriends, spouses, divorcees, cohabitants, and people who have children together. Both heterosexual and same-sex couples are included. The domestic violence crime of stalking occurs when a person follows or harasses and threatens an intimate partner with the intent to place that person in fear.

Stalking can be filed as a misdemeanor, punishable by up to one year in the county jail and/or a maximum $1,000 fine or as a felony, punishable by up to one year in the state prison depending on the circumstances of the alleged incident. According to California law, there is no mandatory imprisonment for this charge unless aggravating factors were present. Without aggravating factors, an experienced criminal defense lawyer may be able to convince the judge to impose probation conditions rather than sending the defendant to jail or prison. However, if the defendant has certain prior convictions on his or her criminal record, the court may impose a sentence of two to five years in the state prison. Attorneys at The Kavinoky Law Firm have defended against many intimate partner abuse charges and know how to handle prior convictions when arguing for the minimum sentence possible for their clients. They develop aggressive defenses to keep their clients out of jail. They can convince a court that alternative sentencing is a better option for the defendant, as well as society.

In the event that a defendant convicted of D.V. stalking also has a previous conviction for felony stalking, he or she could be incarcerated in the state prison for two to five years, depending on the circumstances of both offenses. If the accused is convicted of the pending stalking charge and also has prior convictions for infliction of injury, violation of a court order or criminal threats, the court may or may not increase the sentence. The court may impose penalties similar to those inflicted if the defendant had a felony stalking charge, but it does not have to do so. A good lawyer who understands sentencing guidelines knows how to effectively argue to minimize any legal consequences.

Prior convictions can also affect the outcome of the defendant’s current trial. In California, evidence of an individual’s prior domestic violence convictions is admissible in a pending intimate partner abuse case. In most criminal trials, such evidence is not permissible as such evidence is highly prejudicial against the defendant. A judge or jury may believe that if the defendant engaged in the behavior in the past, he or she will do so again.

A stalking charge is serious and the presence of a prior conviction can pose real problems for a person facing this accusation. Having knowledgeable legal counsel is crucial to minimizing the legal penalties. The Kavinoky Law Firm employs skilled attorneys who receive ongoing training in domestic violence issues. They have helped hundreds of clients who were facing similar charges and they understand what it takes to neutralize a prior conviction so that the judge does not throw the book at the defendant. Contact a Kavinoky lawyer today and speak with a legal professional who can discuss all options and help with all aspects of the case.