When a person commits a crime against his or her intimate partner in California, the offense falls under the state’s domestic violence laws. With an interest in deterring intimate partner abuse, the state has developed a complex and highly punitive set of laws intended to castigate a perpetrator. The definition of intimate partners according to California law includes spouses, divorcees, girlfriends, boyfriends, cohabitants, and people with children in common. The couples may be homosexual or heterosexual.

An individual who follows or harasses and threatens his or her intimate partner with the intention of placing that partner in fear will be charged with domestic violence stalking. The crime can be charged 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 prison depending on the specific details of the alleged incident. If aggravating factors played a role or if the accused had prior convictions, the defendant could receive mandatory prison time of up to six years.

Incarceration is one of the most serious legal consequences, but other penalties are involved in a stalking conviction. Most defendants convicted of any intimate partner abuse crime are placed on probation. If the crime was a misdemeanor, the probation will probably be informal and if the crime was charged as a felony, the probation will likely be formal. The probation usually remains in effect for at least three years. The court will include certain mandatory terms of probation that the defendant must complete, including enrollment and attendance in batterer’s classes, a protective order issued against the defendant, fines payable to various domestic violence funds, and the booking process, if not already completed.

Additional penalties include counseling, either individually or in a group setting, confinement in a state psychiatric hospital if the court decides that the defendant would benefit from treatment due to a possible mental illness, and a requirement to register as a sex offender if the court determines that the defendant’s stalking was prompted by a sexual compulsion or for the purpose of sexual gratification. If registration is ordered, the defendant must register for life and will face additional penalties, including imprisonment, if he or she doesn’t comply with all of the registration requirements.

An individual convicted of stalking may also incur professional licensing restrictions by one of the state boards of California if the board shows that the stalking was somehow substantially related to the defendant’s job. Therefore, a conviction could potentially end an individual’s career. Similarly, firearm restrictions will be imposed after a stalking arrest and will remain in effect if the prosecution secures a conviction.

In addition to the aforementioned criminal penalties, the defendant may also face civil penalties if the alleged victim decides to bring forth suit for the tort of stalking. If the judge or jury finds the defendant guilty, he or she will have to pay monetary damages and may have a civil protective order issued against him or her. Incarceration is not a possible penalty in a civil trial.

Facing a stalking accusation is a stressful and intimidating experience. The laws are complicated and the punishments severe. Without a good lawyer to help navigate the waters, a person charged with such a crime could have a difficult time avoiding life changing legal consequences. However, the criminal defense attorneys at The Kavinoky Law Firm have helped hundreds of clients beat stalking charges in addition to other domestic violence offenses. They are familiar with all aspects of these types of charges, including the potential penalties involved. Kavinoky attorneys produce aggressive defenses and know what it takes to keep their clients out of jail. Contact The Firm today and speak with a competent legal professional.