When a GLBT individual willfully inflicts an injury upon his or her intimate partner, he or she may be charged with the California domestic violence crime of infliction of injury. California’s D.V. laws not only apply to heterosexuals, but to same sex partnerships as well and include intimate relationships between a couple who is or was civilly united, who is or was living together and who have children together. If convicted of this felony, the defendant faces up to four years in prison and a fine of up to $6,000.

While that is the maximum prison sentence and fine that can accompany a standard first time infliction of injury conviction (a person with prior domestic abuse convictions faces more severe punishment, as does a person whose case had aggravating circumstances), it is not a complete list of the penalties that ultimately face the offender. If a defendant is convicted of any intimate partner abuse crime in California, and is granted probation, there are certain conditions that must be imposed. Having a caring and knowledgeable gay friendly attorney from the Kavinoky Law Firm at the defendant’s side will make these conditions seem less overwhelming, as the attorney will help guide the defendant through the probationary process.

Upon a conviction for infliction of injury, the defendant is placed on a minimum of 3 years probation which may be formal, which is strictly supervised, or informal, often referred to as “summary probation,” which is less supervised. During that time, a criminal court protective order will be issued against the defendant to prevent further acts of violence against the victim and, if appropriate, will contain a residence exclusion or stay-away conditions. It should also be noted that the victim will be notified about the outcome of the case. Within a week of sentencing, the defendant must be booked, which means entered into a criminal database, fingerprinted and photographed if he or she wasn’t previously booked at the time the police report was filed.

In addition to the procedural conditions just described, the convicted must pay a minimum of $200 to various domestic abuse funds that are distributed by the state. He or she will also be required to attend a minimum two-hour “batterer’s class” on a weekly basis for at least one year. Depending on the circumstances that surrounded the charged incident, the court may also order the defendant to enroll in a drug and/or alcohol dependency program. The court will also require a term of community service.

In lieu of an additional fine (but not in lieu of the $200 payment described above), the court may order the convicted to pay up to $5,000 to a battered person’s shelter or to reimburse the victim for any reasonable expenses that the court believes were incurred as a direct result of the abuse.

A defendant’s ability to pay will always be taken into consideration by the court, as will his or her willingness and diligence in following through with these mandated conditions. Finding good cause, the court may modify certain requirements as it sees fit, and can extend probation or revoke it altogether. If probation is revoked, the maximum prison sentence will likely be imposed. Having an experienced criminal defense lawyer is the key to ensuring that these probation requirements are kept to a minimum.

The LGBT supportive attorneys at the Kavinoky Law Firm treat each client with compassion and respect. They sympathize with their clients and do their best to help each client through this difficult and trying time. They will do their best to ensure that a gay, lesbian, bisexual or transgender defendant is afforded the same privacy and protection as his or her straight counterpart and will make sure that any classes and/or counseling services support an individual involved in a same sex relationship. To discuss an infliction of injury charge, contact the Kavinoky Law Firm today for a free consultation.