Under California Penal Code Section 273.5, the crime of inflicting corporal injury on a spouse is defined as using physical force on a current or former spouse or significant other, mother or father of your child or cohabitant that results in that person suffering a traumatic condition.
If you are convicted of inflicting corporal injury on a spouse under PC 273.5, you face up to four years in prison and up to $6,000 in fines.
In most cases when a person is accused of this crime, the alleged victim is their spouse, child, parent, boyfriend or girlfriend. The alleged victims of this crime often do not wish for the accused to be prosecuted. However, once a person is arrested for this crime, it is up to the prosecuting attorney whether to file or dismiss criminal charges.
Can My Spouse Drop Charges of Corporal Injury on a Spouse? (PC 273.5)
The short answer to this question is no. The decision as to whether charges are filed or dropped is not in the hands of the alleged victim.
When the prosecuting attorney decides whether to proceed with a charge of this type, he or she takes many things into consideration. These include the following:
Does the accused have a prior criminal record for similar crimes?
What was the extent of the injuries to the alleged victim?
Did the alleged victim make a 911 call, and if so, what were the words spoken on the 911 call?
Does the alleged victim want to have the accused prosecuted?
Were there other witnesses to the alleged crime?
It is only after a consideration of these and other factors will the prosecuting agency decide whether to file or dismiss a charge of a violation of Penal Code Section 273.5.
Is there anything your spouse can do to help you if the prosecution moves forward with PC 273.5 charges against you?
Can Your Spouse Recant Statements to Police? (PC 118)
If you retract, withdraw or take back a statement you made to law enforcement, you are recanting the statement. Anyone who provides a statement to police may decide at any time to recant that statement. However, just because you want to take back your statement doesn’t mean that you are free to do so without the risk of criminal consequences.
Telling law enforcement that the statement you made was false could lead to you facing charges of making false statements to law enforcement under PC 118. If you wish to consider recanting your statement, you should speak to an experienced attorney before doing so.
Contact the Domestic Violence Attorneys at Wallin & Klarich Today
If you or a loved one is facing charges of inflicting corporal injury on a spouse, it is imperative that you speak to an experienced domestic violence attorney immediately. At Wallin & Klarich, our skilled and knowledgeable criminal defense lawyers have been successfully defending clients facing domestic violence charges for more than 35 years. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich domestic violence attorney available near you no matter where you are located.
Call our domestic violence law firm today at (888) 280-6839 for a free phone consultation. We will be there when you call.