Corporal injury on a spouse or cohabitant is a serious crime in California, and you could face severe consequences if you are convicted of this crime. That is why you need to act now. If you or someone you know has been charged with corporal injury on a spouse or partner under California Penal Code section 273.5, you should immediately contact an experienced criminal defense attorney.
An experienced criminal defense attorney will know how to examine all the circumstances surrounding your case to secure the most favorable result. Depending on the details of your case, we may be able to prove that your alleged corporal injury on a spouse does not meet the elements required to convict you of a crime under PC 273.5.
Elements of Corporal Injury on a Spouse (PC 273.5)
Under California Penal Code section 273.5, corporal injury on a spouse (commonly referred to as domestic violence) can be charged as a felony. If you are convicted of felony corporal injury on a spouse or cohabitant, you face up to four years in jail and fines of up to $6,000. However, corporal injury on a spouse is a wobbler crime, meaning it could be charged as a felony or misdemeanor. If you are convicted of misdemeanor corporal injury on a spouse, you face up to 364 days in jail and the same fine.
In order to prove that the crime of corporal injury on a spouse has been committed, the prosecution must prove that a physical injury was willfully inflicted on a spouse, former spouse, cohabitant or the mother of defendant’s child. This physical injury also must result in a traumatic condition, which is defined as a wound or other injury to the body, whether minor or serious, and caused by physical force.
Depending on the facts of your case, your criminal defense will be able to use one or more viable defenses to these charges. Some common defenses for corporal injury on a spouse or partner include:
- Self defense – You only injured the other person in defense of yourself
- Defense of others – You only injured the other person to defend others from being injured
- Consent – The physical injury was inflicted during an activity which you had consent to perform
- Possibly intoxication – You did not willfully inflict injury because you were intoxicated
It is extremely important that you consult with an experienced corporal injury on a spouse attorney to help you understand how any possible defenses may be used to your benefit in fighting the charges.
Call the Criminal Defense Attorneys at Wallin & Klarich
If you or a loved on is accused of corporal injury on a spouse, you will need an experienced and skilled domestic violence attorney to help you defeat the charges. At Wallin & Klarich, our attorneys have been successfully defending our clients facing domestic violence charges for over 30 years. We are dedicated to working tirelessly on our clients’ behalf to provide them with the best defense possible. Let us help you now.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal attorney available near you no matter where you work or live. We’ve helped thousands of clients in their time of legal need, and we can help you too.
Call us today at (888) 280-6839 for a free, no obligation phone consultation. We will be there when you call.