Infliction of Injury Penalties
Infliction of injury, also known as spousal abuse, is a California domestic violence offense. Infliction of injury can be charged against any kind of intimate partner – either married, divorced, or living together. The individuals can be former cohabitants or have children together. They can be heterosexual or same-sex partnerships. If an individual inflicts an injury, even a minor one, upon the body of an intimate partner, he or she can face felony charges punishable by up to four years in prison and a fine of up to $6,000.
Although the penalty just described lists the maximum amount of prison time and the highest fine that a first-time offender faces, it is not a complete list of the penalties that ultimately face the accused. Furthermore, aggravating factors and/or prior domestic abuse convictions will likely invoke an even stiffer sentence.
If the defendant is placed on probation (which is usually the case), he or she remains on probation for at least three years. There are certain mandatory terms of probation with respect to any California intimate partner abuse crime and include the booking process if the defendant wasn’t booked upon arrest, issuance of a Criminal Protective Order against the defendant, the offender’s participation in a batterer’s class and an additional fine payable to specific domestic violence funds.
An individual convicted of infliction of injury who also has any prior domestic violence convictions within seven years of his or her current offense faces an additional year in county jail or state prison and an additional $4,000 in fines above the maximum sentence allowed for a first-time offender. This means that a repeat domestic abuse offender can face a total of up to five years in prison and a $10,000 fine in addition to his or her mandatory terms of probation.
If there are aggravating factors, which are facts that surround the charged incident that make the incident seem even worse, the judge will likely issue the maximum sentence allowed by law. Examples of aggravating factors include a child witnessing the abuse or a victim suffering significant bodily injury. In an infliction of injury case, if the victim in fact suffers serious bodily injury as the result of the defendant’s force, the defendant may be subject to an additional three to five years in state prison, which means that he or she faces incarceration for up to nine years.
A conviction for infliction of injury may also bring 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, if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. This means that a conviction could potentially end an individual’s career.
Finally, an individual may not only be charged criminally for infliction of injury, but may be sued in civil court for the abuse as well. In a civil court, a person who is found liable for committing this wrong is subject to additional heavy fines and a Civil Protective Order but cannot be sentenced to jail or prison.
With such devastating consequences, it is imperative that an individual who has been arrested on an infliction of injury charge hires a qualified criminal defense attorney who is familiar with all of the defenses that apply to this charge. The attorneys from The Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner abuse charges. They receive ongoing education and training in this highly complex and technical area of the law, which is directly responsible for their outstanding results. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best! Click here for a free consultation and for the best representation.
