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Articles Posted in Corporal Injury On A Spouse

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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.

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San Bernardino Corporal Injury on Spouse Defense Attorneys

The San Bernardino corporal injury on spouse attorneys at Wallin & Klarich are ready to defend you against a charge of injury to a spouse, cohabitant or co-parent, otherwise known as “domestic violence”.

Corporal%20Injury%20Defense%20Lawyer%20888-230-1528.jpgTo secure a corporal injury on spouse conviction against you, the prosecutor must prove that you willfully inflicted an injury on the alleged victim, and that you caused a traumatic condition as a result. A conviction could have very serious long-lasting consequences. Fortunately, a variety of defenses can be used against a corporal injury on spouse charge. The strongest defenses to corporal injury to a spouse or cohabitant in California include the following:

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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.

Corporal%20injury%20on%20a%20spouse%20lawyer%20877-4NO-JAIL.jpgSection 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

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Being charged with committing a corporal injury on a spouse can have a dramatic impact on your family and professional life. You will likely be worried, confused, and scared.

Corporal%20Injury%20on%20Spouse%20Lawyer%20Orange%20County%20888-280-6839.jpgIf you have been accused or charged with committing corporal injury on a spouse, you need to raise a successful defense if you are going to obtain a positive outcome in your case.

What is Corporal Injury on Spouse?

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Corporal injury on a spouse in Orange County can be charged as a misdemeanor or a felony. To determine what charge is appropriate, the prosecutor will consider:

• The specific facts of your case • The injuries suffered by the victim • Your criminal history

Misdemeanor Corporal Injury on a Spouse

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Under California Penal Code section 273.5, it is unlawful to willfully inflict a corporal injury resulting in a traumatic condition upon a spouse, cohabitant, or co-parent. If you have been accused or charged with this crime, it is imperative that you consult with an attorney.

San%20Bernardino%20Corporal%20Injury%20on%20A%20Spouse%20Defense%20888-280-6839.jpgSan Bernardino Corporal injury on a spouse is commonly referred to as Domestic Violence. These allegations are serious and can have very harsh consequences. You need to be aware of your legal rights.

Sentencing and Punishments for Corporal Injury On A Spouse

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Being accused of domestic violence or corporal injury on a spouse is an extremely serious charge. It can result in all of the following:

1) A felony criminal record

2) Up to three years in jail

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Penal code section 273(a) under California law is commonly known as “corporal injury to a spouse” and is the most commonly charged crime in domestic violence cases.

Corporal%20Injury%20on%20a%20Spouse%20penal%20code%20273.5a.jpgThis penal code sections reads as follows:

Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in state prison for two, three, or four years, or in county jail for not more than one year, or by a fine of up to $6,000 or by both fine and imprisonment.

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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.

Corporal%20Injury%20on%20Spouse%20in%20California%20-%20273.5%20PC.jpgNow 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;

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When the police are called to the scene of a domestic dispute, the likelihood is that someone will be arrested and taken to jail if there is any accusation of a physical struggle – even if it mutual or here was no aggressor. This will lead to the posting of up to $50,000 bail, the arrestee vacated from the family residence, and a no-contact protective order being issued upon the arrestee. This will be devastating to the family environment, the children and the marital relationship.

Corporal%20Injury%20on%20A%20Spouse.jpgThe DA’s office will then get involved and will go through a decision-making process re charges. The filing DA could file a felony corporal injury on a spouse charge, a misdemeanor domestic violence charge or file nothing at all. The felony charge of corporal injury does not require a substantial injury. It only needs to be traumatic in some way. Simple bruising, lacerations, scrapes, scratches, etc., will suffice. A felony corporal injury charge will have serious consequences such as prison, parole, jail, probation, fines, batterer’s treatment classes, and protective orders. The DA has much discretion in this area and the decision in any given case can vary from county-to-county, court-to-court and prosecutor-to-prosecutor. The final decision will directly affect you and your family’s future.

Thus the importance to consult with and hire a criminal defense attorney who is well-versed in corporal injury cases. An attorney who can contact the prosecutor immediately in an attempt to influence the prosecutor’s decision-making process.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.