Willful infliction of injury is a California domestic violence offense involving intimate partners. The term “intimate partners” describes many relationships. The individuals may be married, divorced, living together, former cohabitants, or have children together. Both straight and gay couples are covered under California D.V. laws. Any individual who purposefully injures an intimate partner can face felony charges punishable by up to four years in jail and financial penalties upwards of $6,000. A defendant can be charged with infliction of injury even if he or she barely touched the intimate partner.

California domestic violence law forbids persons charged with infliction of injury from being released on bail in an amount that differs from the bail schedule. The laws also prohibit release on one’s own recognizance (commonly called OR) without first having a court hearing.

During a bail hearing, the judge will consider the prior criminal history of the accused, his or her flight risk, and the facts surrounding the case. When making bail decisions, the judge presumes that the accused is guilty. Therefore, employing a seasoned criminal defense attorney is a very important action to take before the first bail hearing.

There are two methods of discharge for a defendant who was denied an OR release. The defendant must post bail, either by posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail with the arresting agency or the Clerk of the Court. As long as the accused attends every court appearance, the money will be returned within 60-90 days after the case ends. If the defendant fails to appear, all money is forfeited to the court.

A bail bond is a contract with a bail agent whereby the agent agrees to post bond for the full bail amount. Ten percent of the bond amount is charged as a fee for the service. Collateral may also be required to secure the bond. If the defendant doesn’t repay the bond, the bondsman has the legal right to keep or sell whatever item(s) the defendant put up as collateral. When the case is resolved, the bond is exonerated, and the bondsman releases the collateral.

California intimate partner abuse arrests are no joke. Facing such charges can be emotionally and financially devastating, and a conviction can entail harsh penalties. One’s reputation, career, family and freedom are in jeopardy as soon as the arrest is made. Because California is so strict with domestic violence offenders, it’s critical to contact a skilled defense attorney as soon as possible to help the accused navigate the complex criminal court system. The talented attorneys at The Kavinoky Law Firm have successfully defended many individuals charged with domestic abuse crimes, including infliction of injury offenses. They will help with all aspects of the case, from the events following the arrest through the final day in court.