| When an individual willfully
inflicts an injury upon his or her intimate partner, no matter
how minor, he or she may be charged with
the California domestic violence crime of infliction of injury.
California’s domestic violence laws, as they apply to
same sex partnerships, define intimate partners as persons
who are civilly united or formerly civilly united, living
together or formerly living together and those who have children
together. If convicted of this charge, the defendant faces
a felony, punishable by up to four years in prison and a fine
of up to $6,000.
However, if the defendant facing an infliction
of injury charge also has prior domestic abuse convictions,
his or her sentence may rise to five years in prison and a
$10,000 fine. This is because California has a seven-year
“washout” or “look-back” period for
intimate partner abuse convictions. This means that before
a court will sentence a defendant who has been convicted of
this crime, it will look back at the last seven years of the
defendant’s criminal history for specific prior convictions.
It should be noted that convictions outside of the seven-year
period may also factor into a judge’s sentencing decision,
but they do not automatically enhance the sentence as they
do when the conviction lies within the seven-year period.
The crimes that apply to this seven-year
period include battery (whether or not the victim actually
sustained serious bodily injury), sexual battery, assault
with chemicals or flammable substances, assault with a stun
gun or taser and assault with a deadly weapon.
Any person who is convicted of infliction
of injury within seven years of one of the above listed crimes
will face 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, which means that a repeat
domestic abuse offender can face a total of up to five years
in prison and a $10,000 fine. Additionally, a defendant who
has one prior conviction within the seven-year period must
serve at least 15 days in the county jail, and two or more
prior convictions within the timeframe will result in a minimum
of 60 days in the county jail.
Unfortunately, the judge is not the only
one who hears about the defendant’s prior domestic violence convictions. While most criminal cases exclude prior conduct
from evidence, domestic abuse crimes are an exception. Evidence
of the defendant’s prior acts of intimate partner violence is admissible against the accused in a jury trial. This means
that a jury will be allowed to hear that the accused has committed
similar offenses in the past and, as a result, they are likely
to conclude that he or she did so again.
Clearly, an individual facing an infliction
of injury charge who has prior assault and/or battery convictions
is in severe jeopardy of losing his or her job, family and
freedom. However, there are many effective defense strategies in this type of 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 judge and jury.
California domestic
abuse laws are complex and specialized, which is why it is
so important to hire an attorney who specializes in this technical
area of the law. The GLBT supportive attorneys at the Kavinoky
Law Firm are highly trained and well versed in California
domestic violence law and have successfully defended countless
individuals from the devastating consequences that these laws
impose. They insist that their gay, lesbian, bisexual and
transgender clients are treated with compassion and respect
and are afforded the same constitutional protections as their
straight counterparts in a justice system that is anything
but blind. Contact them today for a free consultation. |
