Mandatory Terms of Probation for an Infliction of Injury Conviction

Infliction of injury, also known as spousal abuse, is considered a domestic violence offense that applies to intimate partners under California law. Intimate partners can be of the same or opposite genders, be married, divorced, living together or formerly living together, or have children in common. Any injury, no matter how minor, inflicted upon the body of an intimate partner can result in felony charges punishable by up to four years in prison and a fine of up to $6,000.

While that is the maximum prison sentence and fine that can accompany a first-time infliction of injury conviction (a person with prior domestic abuse convictions faces more severe punishment), it is not a complete list of the penalties that ultimately face the offender. If a defendant is convicted of any intimate partner abuse crime in California, and is granted probation, there are certain conditions that must be imposed. Having a caring and knowledgeable attorney from The Kavinoky Law Firm at the defendant's side will make these conditions seem less overwhelming, as the attorney will help guide the defendant through the probationary process.

Upon a conviction of infliction of injury, the defendant is placed on a minimum of three years probation which may be formal, meaning that the individual reports directly to a Probation Officer on a monthly basis and does as he or she is told by that officer, or informal, frequently called "summary probation," which means that the individual must follow through with the terms of probation and must not violate any other laws. During that time, a Criminal Court Protective Order will be issued against the defendant to prevent further acts of violence against the victim and, if appropriate, will contain a residence exclusion or stay-away conditions. It should also be noted that the victim will be notified about the outcome of the case. Within a week of sentencing, the defendant must be booked, which means entered into a criminal database, fingerprinted and photographed if he or she wasn't previously booked at the time the police report was filed.

In addition to the procedural conditions just described, the convicted must pay a minimum of $200 to various domestic abuse funds that are distributed by the state. He or she will also be required to attend a minimum two-hour "batterer's class" on a weekly basis for at least one year. Depending on the circumstances surrounding the charged incident, the court may also order the defendant to enroll in a drug and/or alcohol dependency program. The judge will also require some form of community service.

In lieu of an additional fine (but not in lieu of the $200 payment described above), the court may order the convicted to pay up to $5,000 to a battered women's shelter or to reimburse the victim for any reasonable expenses that the court believes were incurred as a direct result of the abuse.

A defendant's ability to pay will always be taken into consideration by the court, as will his or her willingness and diligence in following through with these mandated conditions. Finding good cause, the court may modify certain requirements as it sees fit, and can extend probation or revoke it altogether. If probation is revoked, the maximum prison sentence will likely be imposed. Having an experienced criminal defense lawyer is the key to ensuring that these probation requirements are kept to a minimum.

The understanding attorneys at The Kavinoky Law Firm treat each client with compassion and respect. They sympathize with their clients and do their best to help each client through this difficult and trying time. To learn more about the penalties that coincide with an infliction of injury conviction or to speak with one of our attorneys regarding another legal matter, click here for a free consultation.