Under California Penal Code 273.5, it is unlawful to inflict a corporal injury that results in a traumatic condition upon your spouse, co-parent, or cohabitant.
Section 273.5 defines cohabitants as two unrelated persons living together for a significant period of time with some degree of a permanent relationship. The court can consider additional factors to determine whether or not cohabitation exists, including:
• Sexual relations between the two people living in the same residence • The sharing of expenses or income
• Joint use of property or ownership • The length and continuity of the relationship
Corporal Injury on a Spouse Prosecution
To convict you of corporal injury on a spouse, the prosecution will have to prove all of the elements of the crime.
If the prosecution cannot prove all of the elements, then you cannot be convicted of corporal injury on a spouse. The elements the prosecution must prove are:
• You willfully inflicted the injury • The person you injured was your spouse, cohabitant, or co-parent • The injury resulted in a traumatic condition
Corporal injury on a spouse is a form of domestic violence. If you have been accused of or charged with this crime, it is essential that you contact a criminal defense attorney immediately.
The punishment for this crime can be severe and may dramatically impact your life. The punishment for this crime is a can be a felony or a misdemeanor.
Who to Call For Corporal Injury on a Spouse Defense?
For over thirty years, Wallin & Klarich has successfully defended clients accused of domestic violence. We understand that this is a very difficult time for you and your family.
Because domestic violence is such a sensitive issue, it is also important that you feel comfortable sharing information with your attorney. You want an attorney who is empathetic to your situation.
Let us guide you through the complex and confusing criminal process. You don’t have to go through this alone. We will be there for you, providing legal advice as well as comfort every step of the way.
Call us today at 877-4NO-JAIL or 877-466-5245 to speak with one of our highly skilled domestic violence defense attorneys. We will get through this together.