|
California domestic violence law includes a broad category of offenses that can be charged
after even a minor dispute between any intimate partners.
With respect to the GLBT community, intimate partners are
civilly united, cohabitating, dating and those who have children
together. Domestic abuse laws even pertain to partners who
no longer remain together but who once shared one of these
relationships. One charge that can be brought in a domestic
violence case is infliction of injury.
A California domestic violence arrest is
an extremely serious matter – a domestic violence conviction
can bring heavy fines, time in jail, or even a prison sentence.
Because the consequences of an intimate partner abuse charge
are so severe, it’s critical to have an experienced,
caring lawyer at the defendant’s side. It’s even
more critical for a gay, lesbian, bisexual or transgender
defendant to hire an attorney who specializes in same sex
crimes of domestic violence who will vigorously defend his
or her client’s rights. The LGBT supportive attorneys
at the Kavinoky Law Firm are devoted to giving their clients
– all their clients – the best representation
from a firm who treats each of their clients with the respect
and dignity that they deserve. They will customize an effective
defense strategy tailored to the facts of each individual
case and based on each individual’s needs.
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. This charge can be
brought against a defendant even if he or she barely touched
the intimate partner. In fact, an individual can face a charge
of infliction of injury even if the significant other didn’t
have a bruise or scratch anywhere.
An infliction of injury conviction is punishable
by at least two and as many as four years in the state prison
and/or by a fine of up to $6,000. In the mildest of cases,
the offender may only face up to one year in the county jail.
In any event, the defendant will also be required to attend
a batterer’s class and fulfill various other requirements
if placed on probation. A conviction may also bring professional
licensing and firearm restrictions.
Prior convictions for any type of domestic
abuse offense or aggravating factors will likely invoke even
greater penalties. California has a seven-year “washout”
or “look back” period for domestic violence convictions.
Therefore, anyone charged with infliction of injury who was
convicted of domestic violence within the past seven years
faces up to five years in prison and a fine of up to $10,000.
However, there are many effective defense
strategies available in an infliction of injury case. Altercations
between intimate partners are emotional, highly charged incidents
that can be interpreted in more than one way. A skilled criminal
defense lawyer knows that there are at least two sides to
every story, and will ensure that the defendant’s version
of events is considered by the jury.
A knowledgeable attorney will effectively
cross-examine witnesses in a D.V. case to bring out discrepancies
in their accounts that may otherwise be overlooked. An experienced
defense lawyer may even use an independent expert to analyze
any physical evidence in the case.
A domestic violence charge such as infliction of injury can have life-changing
consequences – the accused partner’s reputation,
livelihood, and freedom is under assault. Anyone who isn’t
“straight” will also face the additional challenge
of being judged by a judge or jury who may be homophobic or
unsympathetic to an “alternative” defendant. The gay friendly defense attorneys at the Kavinoky Law Firm have
the tools and experience necessary to aggressively defend a California domestic violence charge and to protect the rights
of those in need. Contact them today for a free consultation and for the best representation.
|
Do You Need LegalHelp?
Complete and submit this form and we will contact you shortly.
* required fields.
|