Willful infliction of injury is a California domestic violence crime that applies to intimate partners. In the GLBT community, these partners include those who have children together, those who are civilly united, dating or living together and those who no longer remain a couple but who once shared one of the above listed relationships. If an individual willfully inflicts any injury, no matter how minor, upon the body of an intimate partner, he or she can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000. This charge can be brought against a defendant even if he or she barely touched the intimate partner.

When a suspect is arrested on this charge, or on most other California intimate partner abuse charges, the law forbids the defendant from being released on bail in an amount that is either higher or lower than that contained in the bail schedule or on his or her own recognizance (commonly called OR) without first having a court hearing. If there is a bail hearing, before the judge raises or lowers the set bail amount or determines that the defendant is an appropriate candidate for an OR release, the judge will consider the facts of the pending case, the defendant’s flight risk and his or her prior criminal history. When the judge makes decisions about bail, he or she presumes that the accused is guilty and makes a decision keeping that in mind. As a result, it is advisable that a LGBT defendant charged with a D.V. crime hires a criminal defense lawyer who not only specializes in California crimes of domestic violence but who also specializes in same sex domestic violence. The outstanding gay friendly attorneys at the Kavinoky Law Firm are devoted to protecting their client’s rights with integrity and skill. They treat each of their clients with respect and compassion and demand the same from the judicial system.

If the defendant is denied an OR release, which is usually the case when the defendant faces an intimate partner violence charge, and must therefore post bail, he or she may be released by one of two methods: posting cash bail or posting a bail bond. If the defendant has the funds to post the full amount of bail, he or she will be released. So long as the defendant makes every court appearance, he or she will have that money returned within three months after the case is resolved. If, however, the accused fails to appear for any appearance, the money may be forfeited to the court.

A bail bond is a contract where a bail agent agrees to post bond for the full bail amount in exchange for a fee. The fee is generally ten-percent of the bond amount and, depending on the circumstances, the bondsman may also require “collateral” (which is usually a house, car or something else of significant worth) to secure the bond. That means that if the defendant doesn’t repay the bond, the bondman has the legal right to keep or sell the defendant’s collateral. Once the case is over, the bond is exonerated, and the collateral is then released.

Facing a domestic violence accusation can be devastating, emotionally and financially, and the consequences of a conviction are severe. One’s reputation, career, family and freedom are jeopardized the minute the arrest is made. Because California is so strict with domestic violence offenders, it’s critical to contact a skilled California defense attorney immediately after being arrested so that the attorney can help the accused navigate through the criminal court system right from the start. The GLBT supportive attorneys at the Kavinoky Law Firm are here to help. They understand the special needs and challenges that a gay individual may face when thrown into a judicial system that, unfortunately, isn’t as blind as it should be. Contact them today for a free consultation.