If an individual willfully inflicts an injury upon the body of his or her intimate partner, he or she can be charged with the California domestic violence crime of infliction of injury, which is punishable by up to four years in prison and a fine of up to $6,000. One’s GLBT intimate partner may be his or her partner or former partner in a civil union, the person with whom he or she has children or the person with whom he or she lives or lived.

Although the penalty just stated 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. California’s intimate partner abuse crimes all have certain mandatory terms of probation that an individual placed on probation must fulfill. They 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 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 were aggravating factors, which are facts that surround the charged incident that made the incident more serious, 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 suffered 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 defendant’s job. This means that a conviction could potentially end an individual’s career. In addition, firearm restrictions will also be imposed immediately upon anyone arrested for a domestic violence crime and will remain in effect unless he or she is acquitted of the charge. Depending on the defendant’s job, this may also, in effect, 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.

The consequences for a DV conviction are severe enough for a heterosexual defendant but may be even more so for a gay, lesbian, bisexual or transgender individual who may not have the support, privacy or protection that may be available under the penal system to his or her straight counterpart. To best ensure that these possibilities don’t become a reality, contact the LGBT supportive attorneys at the Kavinoky Law Firm today for a free consultation and for exceptional representation.