Infliction of Injury
Willful infliction of injury is a California domestic violence offense that applies to intimate partners. “Intimate partners” describes a wide range of relationships – the individuals may be married, divorced, living together, former cohabitants, and/or have children together. The laws apply to both straight and gay couples. Any individual who willfully inflicts an injury, no matter how minor, upon an intimate partner can face felony charges punishable by up to four years in prison and a fine of up to $6,000. A defendant can be charged with infliction of injury even if he or she barely touched the intimate partner.
California domestic violence law forbids a defendant charged with infliction of injury 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.
During a bail hearing, the judge will consider the defendant’s prior criminal history, his or her flight risk, and the facts of the pending case. When the judge makes decisions about bail, he or she presumes that the accused is guilty and makes a decision keeping that in mind. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring a criminal defense lawyer who has experience with every phase of a domestic violence case.
If the defendant is denied an OR release (which is typical when a defendant faces an intimate partner abuse charge) and must post bail, he or she may be released through two different methods: Posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail with either the arresting agency or with the Clerk of the Court. If the accused attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.
A bail bond is a contract with a bail agent where the agent agrees to post a bond for the full bail amount. The bondsman will generally charge 10% of the bond amount as his fee. The bondsman may also require collateral (which is usually a car, house or something else of great value) 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.
An intimate partner violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. 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. In order to secure the best representation from a firm who has successfully defended countless individuals charged with domestic abuse crimes, contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.
