Have you been accused of inflicting corporal injury on your spouse in San Diego, California? You could face felony penalties if convicted of this offense. It’s crucial to retain legal representation as soon as possible to fight the charges against you.
The San Diego domestic violence lawyers at Blair Defense Criminal Lawyers are here to help. We have over a decade of experience protecting the rights of the accused and obtaining optimal results.
We’re ready to put our knowledge, skills, and resources to work for you. Reach out to our law office in San Diego, CA to schedule a free consultation at (619) 357-4977. The quicker you contact us, the quicker we can start building an effective defense strategy to dismiss or reduce your charges.
How Our San Diego Criminal Lawyers Can Help If You’ve Been Charged With Inflicting a Corporal Injury on Your Spouse or Partner
Any type of charge related to domestic violence or domestic battery can carry harsh consequences. The State of California takes these crimes seriously, meaning the prosecutor will aggressively fight to convict you. That’s why you need an ally in your corner to fight back and ensure that you are treated fairly.
Blair Defense Criminal Lawyers is here to preserve your freedom and help you move forward. Our Domestic Violence Attorneys have a reputation for securing positive outcomes for our clients. We know how to handle complex criminal cases and win.
When you hire our criminal defense law firm to represent you, we’ll:
- Evaluate the prosecutor’s evidence against you and find any deficiencies or weaknesses in their arguments
- Speak to you, law enforcement officers, witnesses, and family members to determine what happened
- Investigate and gather evidence refuting the district attorney’s case and proving your innocence
- Negotiate with the prosecutor to have your charges dropped or reduced
- Fiercely defend you in court if it’s in your best interest
It’s unwise to attempt to represent yourself if you’re facing allegations of inflicting corporal injury on your spouse or partner. Contact our legal team today for a free case evaluation so we can get started building the defense you need.
What Is Corporal Injury To a Spouse in California?
The crime of inflicting corporal injury to a spouse is covered under California Penal Code Section 273.5. You can be charged with this offense if you willfully and unlawfully inflict an injury that results in a traumatic condition.
“Willfully” means that you act purposefully. A “traumatic condition” is a wound or injury that occurs due to physical force. The injury can be minor or serious.
A victim’s traumatic condition is the result of a wound or injury if:
- The condition was a probable and natural consequence;
- The injury substantially and directly caused the traumatic condition; and
- The traumatic condition wouldn’t have occurred without the wound or injury.
Section 273.5 applies if you inflict the injury upon any of the following:
- Your spouse
- Your former spouse
- A cohabitant
- Your fiance
- The co-parent of your child
A cohabitant can be an unrelated person living in the same household, such as a longtime roommate who shares expenses and ownership of the property.
What Is the Difference Between Inflicting Corporal Injury and Domestic Violence or Domestic Battery?
It’s important to note that infliction of a corporal injury on a spouse is a subcategory of domestic violence and domestic battery, but it requires a physical injury.
A domestic violence crime can include many different offenses and doesn’t require that the alleged victim sustain any type of bodily injury. Similarly, a domestic battery conviction doesn’t require proof that the defendant caused pain or injury – it requires unlawful and willful contact that is offensive or harmful.
Accordingly, the main difference between these offenses is the level of bodily harm sustained by the victim, with the infliction of a corporal injury typically carrying the most severe penalties.
What Are the Penalties For Corporal Injury To a Spouse in California?
Corporal injury to a spouse can be charged as either a misdemeanor or felony, depending on the circumstances.
If convicted of a misdemeanor under Section 273.5, the punishment may include:
- Up to one year in county jail
- A fine of up to $6,000
- Both jail time and a fine
If convicted of a felony under Section 273.5, the court may impose:
- Two to four years in prison
- A fine of up to $6,000
- Both prison time and a fine
You may face enhanced penalties if you’ve been convicted of any of the following crimes within the last seven years:
- Corporal injury to a spouse
- Battery causing serious bodily injury
- Sexual battery
- Assault with caustic chemicals
- Assault with a stun gun or less lethal weapon
- Assault with a deadly weapon
- Domestic battery
The offense of inflicting corporal injury on your spouse or partner may also result in:
- Having to pay up to $5,000 to a battered women’s shelter
- Being ordered to reimburse the victim for the costs of therapy and other reasonable expenses arising from the offense
- A restraining order preventing you from contacting the victim for up to ten years
Lastly, you may face collateral consequences in addition to court-ordered penalties. This may include losing custody or visitation rights, damage to your reputation, and trouble finding a job or housing.
How Can I Defend Myself Against Allegations That I Inflicted Corporal Injury On My Spouse?
Depending on the circumstances and evidence against you, one or more defenses may apply in your case, such as:
- You didn’t have the requisite intent (i.e., you didn’t act willfully)
- You were acting in self-defense or protecting someone else
- The victim isn’t in the group of people protected under Section 273.5
- You were falsely accused or misidentified
- Your constitutional rights were violated in an unlawful search, arrest, or seizure
Depending on the facts of your case, other defenses may apply. Contact our San Diego criminal defense lawyers so that we can examine the evidence against you and start gathering our own evidence to defend you against these accusations.
Contact Our San Diego Domestic Violence Lawyers If You’ve Been Accused of Inflicting Corporal Injury on Your Spouse or Partner
If you’ve been accused of inflicting corporal injury on your spouse or partner, you need to act fast to secure legal representation. This is a serious charge that carries severe penalties, and the prosecution will do everything it can to convict you.
Contact the San Diego domestic violence attorneys at Blair Defense Criminal Lawyers today for a free consultation. We’ll listen to your side of the story and get started working on a defense tailored to the facts of your case.