Due to the recent effort of advocates, our country has gained greater awareness and understanding in the area of domestic violence. As a result, our country has implemented much stricter measures for prosecuting domestic violence offenders. California’s Penal Code 273.5 (a) Corporal Injury on a Spouse punishes those who have inflicted bodily injury on a domestic relation. Those convicted under this law will face severe punishment. For this reason, it’s crucial to consult a domestic violence lawyer if you’re facing criminal charges. A domestic violence attorney can help fight the charges, protect your innocence, and preserve your integrity.
What is California’s Penal Code 273.5(a): Corporal Injury on A Spouse?
California Penal Code 273.5 (a) Corporal Injury on a Spouse is a part of California’s domestic violence law to criminalize physically abusive conduct. While it is recognized that abuse can be emotional and mental, this particular statute targets individuals who intentionally physically harm someone. The law states that a person is guilty corporal injury on a spouse if they willfully inflict bodily injury that results in a traumatic condition upon a victim in which they have a domesticated relationship with. This means that there has to be a close connection between the victim and the perpetrator. In particular, the victim has to be:
(1) The offender’s spouse or former spouse.
(2) The offender’s cohabitant or former cohabitant.
(3) The offender’s fiancé, or someone with whom the offender has, or previously had, an engagement or dating relationship
(4) The mother or father of the offender’s child
In order for someone to be convicted of California’s Penal Code 273.5(a): Corporal Injury on a Spouse, the state prosecutor will have to prove the defendant is guilty of all of the elements of the crime beyond a reasonable doubt.
The Penalties for California’s Penal Code 273.5(a): Corporal Injury on a Spouse
The offense of Corporal Injury on a Spouse can be charged as a misdemeanor or as a felony. It is up to the prosecution to decide which charges they are going to pursue. They can base this decision on several factors, such as the type of harm that was inflicted, the injury that was caused, the circumstances of the crime, and whether the defendant has any prior convictions of domestic abuse. The penalties for a felony conviction are much more severe than a misdemeanor conviction.
If a defendant is convicted of Misdemeanor Corporal Injury on a Spouse, they will face:
- A maximum sentence of up to one year in county jail; and/or
- A maximum fine of $6,000; and/or
- Probation
If a defendant is convicted of Felony Corporal Injury on a Spouse, they will face:
- A sentence of 2,3, or 4 years in state prison; and/or
- A maximum fine of $6,000; and/or
- Probation
Additionally, a felony conviction can also some with other serious legal implications. For instance, a felony conviction for corporal injury on a spouse can count as a “strike” under California’s “three strikes” law. After three strikes, a defendant will serve 25 years to life in prison. Immediately contact an experienced domestic violence defense attorney if you are facing criminal charges.
Contact The Law Office of Nicolai Cocis to Prepare Your Defense
If you were accused of Corporal Injury on a Spouse in California, you need to find immediate legal counsel to assist with your defense. In addition to the possibility of jail or prison time, a domestic violence conviction can have a devastating impact on your entire life. It can harm your chances in child custody proceedings, affect your current employment or potential jobs, and jeopardize your immigration status. Moreover, it can severely tarnish your reputation, branding you as a “wife beater” or a monster. The dedicated team at the Law Office of Nicolai Cocis is here to protect your rights and fight for your future. Contact us to schedule a free consultation.
