October 29, 2012 By Wallin & Klarich

After someone is charged with corporal injury on spouse in California, we are often asked the question: can my wife drop the charges? The short answer is no. However, there is more to the process according to California Penal Code 273.5 PC.


Now there are many factors that go into making a case against someone charged with the crime of corporal injury to a spouse. These factors include:

(1) How credible the alleged victim is;
(2) Whether or not there were any other witnesses;
(3) The injuries to the victim;
(4) The 911 call; and (5) Any statements made to the emergency personal as well as the responding officers, by the alleged victim or the suspect.

If the police get involved in a situation where there is a physical confrontation by two people and there are injuries to at least on of the people, even if the victim did not call the police, California law supports the officers in making an arrest. However, the person with the injuries could have been the one that was the primary aggressor, and the person defending him or herself could be acting in self defense.

To answer the question, only the district attorney can drop charges, and sometimes they will do this if the case is weak. But more often than not, the district attorney will go forward with their case even with an unwilling victim. The alleged victim has the right to be represented throughout this criminal process as well.

If you or your loved one is an alleged victim or is facing a charge of corporal injury on spouse in California, contact the criminal defense attorneys at Wallin & Klarich. Your attorneys at Wallin and Klarich have over 30 years of experience assisting people with these types of charges. We will work to aggressively assist you through the process, to investigate all aspects of your case, and to ensure that your rights are protected and that you clearly understand the legal process. Please call us toll free at 1-888-280-6839 or visit our website at www.wklaw.com.

We will be there when you call.

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