A person in California commits the act of infliction of injury, also known as spousal abuse, when he or she willfully and unlawfully inflicts an injury on the body of an intimate partner. California’s domestic violence laws offer a broad definition of intimate partner. Intimate partners include people who are married, divorced, cohabitating, dating, or living together. The individuals can be former cohabitants or have children together. Both same-sex relationships and heterosexual relationships qualify. Infliction of injury may be charged as a felony punishable by up to four years in prison and a fine of up to $6,000.

The presence of certain conditions can increase the penalties for infliction of injury. If the defendant is placed on probation as part of his or her punishment (which usually occurs), the court will issue mandatory terms of probation that include the booking process, issuance of a criminal protective order against the defendant, participation by the offender in a batterer’s class and an additional fine payable to specific domestic violence funds. Probation in these cases typically lasts 3 years.

If the defendant had any prior domestic violence convictions within seven years of the current charges, he or she faces an additional year in county jail or state prison as well as $4,000 in fines above the maximum sentence allowed for a first time offender. A repeat domestic abuse offender can face a total of five years in prison and a $10,000 fine in addition to his or her mandatory terms of probation.

When aggravating factors (facts surrounding the case that make the incident seem worse) are involved in a case, the judge will likely issue the maximum sentence allowed by law. Examples include a victim suffering significant bodily injury or a child witnessing the abuse. If the victim suffered a serious injury, such as a concussion or broken bones as the result of the defendant’s force, the defendant may be subject to three to five more years in state prison, leading to a total of nine years incarcerated.

A conviction for infliction of injury may summon potential professional licensing restrictions. Under California law, a licensing board may suspend or revoke a professional license if the license holder has been convicted of a crime ? as long as the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. Under these rules, a conviction could potentially end the defendant’s career.

Finally, in addition to any criminal court consequences, the defendant may be sued in civil court for the tort of infliction of injury. If the defendant is found guilty for committing this wrong, he or she is subject to additional heavy fines and a civil protective order but cannot be sentenced to jail or prison.

A person charged with infliction of injury has a lot to lose. In addition to his or her freedom, family and reputation, a defendant must consider effects of a conviction on professional licensing as well as the possibility of a civil action. With the potential for such devastating consequences, an individual who has been arrested on an infliction of injury charge should consult with a qualified criminal defense attorney who is familiar with all aspects of infliction of injury charges. The attorneys from the Kavinoky Law Firm have helped many individuals successfully beat these charges and they have excellent referrals for civil attorneys as well. They know the potentially devastating punishments that a conviction can produce and understand how to minimize a defendant’s sentence should a conviction occur. Contact the Kavinoky Firm today and speak with a qualified legal professional.