In response to the increasing number of domestic violence cases, law enforcement officials and prosecutors have been actively pursuing offenses against intimate partners. Corporal injury on a spouse is one of these offenses.
If you're facing allegations of corporal injury on a spouse, it's common for law enforcement and prosecution to ignore important details that end up hurting your case. A skilled criminal defense attorney can mount a strong defense to reduce or dismiss the charges entirely. Our lawyers at California Criminal Lawyer Group in Bakersfield are prepared to help defend you if you are facing charges of corporal injury on a spouse.
Understanding Corporal Injury on a Spouse
Corporal injury on a spouse is a crime under California PC 273.5. California PC 273.5 makes it illegal to intentionally cause physical harm to a former or current intimate partner that results in a traumatic health condition. This law goes into more detail about the elements that the prosecution must prove and the repercussions of a conviction.
The three main points in this definition must be established for the prosecution to secure a conviction. If none of these elements are proven, the prosecution won't have a case.
- Intentional action that resulted in physical harm.
- a traumatizing condition that develops as a result of the physical harm.
- The victim is a former or current intimate partner.
Intentional Action
The prosecution has to prove that the accused acted intentionally, willfully, or deliberately. However, the prosecution doesn't have to show that you had any ill will toward the law, the victim, or yourself to convict you. Your conduct will be reviewed in comparison to what a rational individual would do in a similar scenario.
The question that needs to be addressed is, "What would a rational individual do?" It should be obvious that a rational individual would have noticed that acting against someone would have led to physical harm and a traumatic state when evaluating the purpose of the deliberate action.
For instance, if an accused person is angry at his or her former spouse as a result of their divorce and finds out the victim wants exclusive custody of their child, In his or her attempt to approach the victim, the defendant pushes the victim onto the front porch of their home, which results in the victim sustaining an ankle injury.
In this case, the defendant pushed the victim on purpose, but he or she didn't mean to break the victim's ankle. The push is sufficient to demonstrate the defendant's guilt under this provision.
Traumatic Condition
Traumatic conditions include any physical wound or injury that results from physical force. However, the severity of the physical injury doesn't have to be significant. Under this provision, a slight injury will be considered sufficient to establish the defendant's guilt. Broken bones, concussions, internal bleeding, sprains, bruising, and wounds caused by strangling or suffocation are some types of injuries addressed in these circumstances.
The prosecution must demonstrate that the traumatic state was a likely and natural result of the injuries the defendant caused. In addition, it should be clear that the injury sustained was significant or a contributing factor in the cause of the trauma and that it wouldn't have taken place without the sustained injury.
An Intimate Partner
The victim has to be either a former or current intimate partner for the accused to be found guilty of corporal injury to a spouse. The defendant should be intimately connected to the victim. Spouses, prospective spouses, people living together in a committed relationship, parents of a child, and serious romantic partners all qualify as people with whom one can share or express intimacy.
Serious romantic relationships feature frequent interactions marked by sexual participation and affection, regardless of financial considerations. On the other hand, cohabitation refers to relationships in which the partners share a home. Additionally, you share a household, co-own a piece of property, use it jointly, or engage in sexual activity while cohabitating.
Cohabitants aren't restricted to two parties for the sake of domestic violence laws. It's possible to coexist with more than 2 parties. Intimate connections have the potential to last a lifetime. That implies that the duration of the relationship is important and will likely be taken into consideration in your specific case.
The Difference Between Domestic Violence and Corporal Injury on a Spouse
Corporal injury on a spouse entails inflicting physical harm or hurting an intimate partner. On the other hand, domestic violence doesn't require physical harm to be inflicted on the victim to be found guilty. Domestic violence charges can be brought in response to threats of causing harm or acts that don't harm the alleged victim but instead cause distress or emotional harm.
As a result, the consequences for corporal injury to a spouse tend to be harsher than those for domestic violence crimes. The punishments under California Penal Code 273.5 could involve the enhancement of sentences.
In addition, domestic violence crimes target minors, intimate partners, and elders, whereas PEN 273.5 violations are against intimate partners. Therefore, offenses involving abuse, neglect, battery, or threats made against a minor, spouse, or elderly individual are included in the category of domestic violence.
Common domestic violence crimes include:
- Child endangerment (California PEN 273a).
- Child neglect (California PEN 270).
- Child abuse (California PEN 273d).
- Damaging a phone line (California PEN 591).
- Elder abuse (California PEN 368).
- Domestic battery (California PEN 243e1).
- Criminal threats (California PEN 422).
- Aggravated trespass (California PEN 601).
- Revenge porn (California PEN 647j4).
- Stalking (California PEN 646.9).
- Posting offensive content online that is targeted at a specific individual. It's also known as indirect electronic harassment (California PEN 653.2).
Penalties for Corporal Injury on a Spouse
A violation of PEN 273.5 is classified as a "wobbler" crime. The prosecution has the option of filing either felony or misdemeanor charges. They will take into account your criminal record, the circumstances surrounding the crime, the nature and extent of the victim's injuries, and any prior incidents of domestic abuse or aggressive conduct.
Individuals found guilty of misdemeanor charges will face a maximum sentence of one year behind bars and a hefty fine of not more than $6,000. You could also receive a summary or misdemeanor probation sentence rather than jail time.
Felony punishments include a maximum imprisonment of four years and a hefty fine of not more than $6,000. The judge can also impose formal or felony probation sentences as an alternative to serving a prison term.
Any prior offense can result in more severe penalties. The crime is considered a wobbler under this clause, even if the preceding convictions involved domestic violence or assault.
When determining a sentence, judges take into account the following prior criminal convictions:
- Assault or Battery on a spouse.
- Corporal injury to a spouse, 7 years before the current conviction for corporal injury to a spouse.
- Sexual battery.
- Assault or battery using a caustic chemical.
- Assault or battery that leads to serious bodily harm.
- Assault using a lethal weapon.
- Assault with a stun gun.
If you have been convicted of assault on your intimate partner within the last seven years, your felony penalty for corporal injury on a spouse would increase to two, three, or four years behind bars. You'll also have to pay a hefty cash fine of $10,000.
If you have a prior conviction for any of the above-mentioned acts other than an assault on your intimate partner, your felony sentence will be two, four, or five years imprisonment. You will also be required to pay a hefty $10,000 fine.
Sentence Enhancements
According to PC 12022.7, causing corporal harm to a spouse that results in serious physical harm can result in enhanced sentences. The court will extend your prison term by up to five years. These terms will be served one after the other.
Additional Penalties for Violating PC 273.5
In addition to jail time and fines, a conviction under PC 273.5 can have far-reaching effects on a person's immigration status, firearms rights, and future conviction penalties. Physically assaulting your intimate partner can be grounds for deportation. In some cases, the offense can be categorized as a CMIT, which is an offense involving an aggravated felony or moral turpitude.
These classifications harm the immigration status of foreign nationals. Therefore, if found guilty, you could be deported, barred from entering the country, denied the opportunity to file for a green card, or denied an adjustment of status, and your chances of becoming an American citizen are all but gone.
If convicted, you are permanently stripped of all rights related to firearm usage and possession. In other words, if it is discovered that the defendant has a firearm, owns one, or is still holding onto previously acquired firearms, the prosecution will file felony charges against him or her.
Furthermore, under California's Three Strikes legislation, it's a strikeable violation to physically harm an intimate partner where there has been serious physical harm as a contributing factor. You'll get a strike against your record if you're convicted.
Your sentence can be enhanced if you are convicted of another felony in the future. A second strike leads to double the fine for the current offense. If you've got two prior strikes against you, your current felony conviction carries a 25-year to life maximum sentence.
Probation
Probation is a type of alternative sentencing to prison or jail. It's granted either under formal probation for felonies or summary probation for misdemeanor offenses. Summary probation often lasts between one and three years, whereas formal probation typically lasts up to five years.
The court has discretion in determining the conditions of probation. Your defense lawyer can call the magistrate's attention to certain facts to persuade the presiding magistrate to consider a lower sentence, one of which is probation. These are known as mitigating factors.
There is no defined restriction on the topics your defense lawyer can raise as mitigating considerations. However, the following are some of the most common issues that have been raised:
- You don't have a criminal record.
- You perpetrated the crime while under intense emotional stress, such as stress brought on by losing your job, mounting debt, or losing clients.
- You sincerely regret your actions.
- You have an underlying mental health problem that offers a perspective for your actions.
Probation has predetermined conditions that you must follow. They consist of:
- Pay the court-ordered fine.
- Pay not less than $5,000 to the battered victim's shelter.
- Participate in community service.
- Pay restitution to cover counseling and other reasonable expenditures incurred as a result of the victim's injury.
- To comply with the law.
- Enrolling in a lesson on domestic violence. It runs for 52 weeks.
- Serve no less than 15 days in jail if you have been convicted of assault or domestic violence within the last seven years. You must serve 60 days behind bars if you've had more than two prior convictions for assault or domestic violence charges.
- Follow the guidelines outlined in the protective or restraining order.
If you breach the terms of your probation, the court will schedule a probation violation court hearing. If the presiding judge finds that you violated your probation, he or she can either maintain it as is, issue more stringent conditions, or revoke it, in which case your prison or jail sentence will be resumed.
Legal Defenses Against Corporal Injury on a Spouse Charge
Serving prison time has far-reaching consequences. At first glance, the apparent punishments include incarceration time and hefty fines. However, even after serving your sentence, a criminal record can have lasting consequences. For this reason, having a lawyer who will devote their time and energy to your defense is crucial.
Several defense strategies can be used based on the specifics of the case at hand. However, some popular defenses in corporal injury to spouse cases include the following:
Self-Defense
Self-defense can only serve as a defense if the following circumstances are met:
- You had a reasonable belief that you or someone else was in imminent danger of sustaining physical harm.
- You rationally believed that using force to protect yourself or others against the apparent threat was essential.
- You did not use excessive force that was reasonably unnecessary to defend yourself against the threat.
If your lawyer can establish that your spouse or intimate partner threatened you or someone else, it is only rational and normal that you would defend yourself or that person. As a result, the self-defense claim will prevail, and you won't be viewed as responsible for corporal injury to a spouse.
Lack of Willfulness in Inflicting Injury on an Intimate Partner
Willful conduct or the intention to cause injury to a close companion is critical to demonstrate your guilt. However, its absence renders the entire situation unfortunate and accidental. This alone is grounds to drop the charges against you.
Injuries to an intimate partner are far too common, particularly when both parties are engaged in an intense argument. They occur accidentally or inadvertently. A prosecutor's choice to file charges under PEN 273.5 is based on the assumption that the defendant's actions were deliberate.
The Defendant Was Falsely Accused
Most intimate relationships and marriages are prone to volatility from time to time. Rising emotions and anxiety often lead to impulsive or spur-of-the-moment actions, such as blaming the other partner for an incident. Most allegations are made out of rage, a desire for vengeance, resentment, or a desire for power. California law enforcement authorities take allegations of violence against another individual seriously. This can result in your arrest based on a false accusation.
When countering false accusations, defense attorneys often use the following legal tactics:
- Carry out a comprehensive background check on the alleged victim and any witnesses.
- Obtaining access to your intimate spouse's emails, social media accounts, and text messages.
- Interviewing the victim's family, coworkers, associates, online contacts, and friends.
All of these help in finding the truth. Investigations usually reveal the true motivations of the victim. Once this is established, the prosecution's only option is to dismiss the allegations.
Mental Health Issues or Possible Intoxication
Proving motive or deliberate conduct entails admitting control over your mental health condition. Individuals cannot make informed choices due to mental health concerns and intoxication. Therefore, your defense attorney can argue that you were incapable of making an informed choice if you were under the influence at the time of the occurrence or suffered a mental breakdown prior to harming your victim. As a result, your actions weren't intended. This justification is sufficient for the case to be rejected and to raise a reasonable doubt. Trials can result in either a conviction or a dismissal. The common belief is that retaining legal counsel guarantees dismissal. This isn't always true.
The involvement of a criminal lawyer boosts your odds of being acquitted or receiving a reduced sentence. Attorneys can try to negotiate a fair resolution without going to trial to achieve the best possible result. However, a trial would be in your favor if the prosecution refused to cooperate.
What Will Happen If The Victim Doesn't Testify?
Accusers sometimes withdraw their claims or opt not to give testimony. However, their new stance doesn't suggest the allegations will be dropped. Below are a few examples to consider and what each one could mean in your situation.
Your Victim Decides to Withdraw the Charges
When a victim changes his or her mind and decides not to file charges, it does not automatically imply that the charges are dismissed. Prosecutors presume that the alleged victim was either bullied, intimidated, or threatened into dropping the allegations or that the offender emotionally manipulated the victim. However, this isn't always the case.
This circumstance provides an opportunity for the legal defense counsel to negotiate favorable plea bargain conditions. If the underlying evidence is inadequate to support a conviction, they can request dismissal.
Your Alleged Victim Refuses to Give a Testimony
In some cases, the victim may decide not to give testimony. The prosecution will then issue a subpoena compelling him or her to give testimony. Additionally, if the alleged victim chooses not to comply with the subpoena, the magistrate can issue a bench warrant for their arrest.
The victim’s uncertainty and confusion undermine the credibility of their statement. Your lawyer can take advantage of this situation. He or she can raise reasonable doubt by having the jury doubt the victim's testimony.
The Victim Failed to Appear or Couldn't Be Brought To Court
The victim or key witnesses in your case could, at times, flee the state or disappear. As a result, they aren't admissible in court to support the witness' testimony. According to the hearsay rule, the prosecution in such instances would be compelled to drop the charges.
Hearsay evidence, as defined by Evidence Code 1200a, is a secondhand claim made by any individual other than an eyewitness on the official record to back up the remarks that were allegedly true. Since the defendant is unable to challenge the opposing testimony in cross-examination, a witness's out-of-court testimony could be disregarded as proof in the case.
Record Sealing in Corporal Injury to a Spouse
You have the legal right to have any record of your arrest eliminated from public access through a process known as "record sealing." To qualify for this option, you need to ensure that:
- The charges were brought to court but later dropped.
- Criminal charges were not filed.
- Your conviction was revoked or reversed on appeal.
You were found not guilty or acquitted in a jury trial. However, you won't be eligible for record sealing if there's evidence of repeated incidents of abuse, such as a prior conviction or arrests for domestic violence, elderly abuse, or child abuse.
A repeated pattern can be determined if you receive more than two convictions or more than 5 arrests within three years. Nonetheless, if a judge believes that sealing your record meets the interests of justice, he or she could decide to do so.
Find a Criminal Defense Attorney Near Me
Being found guilty of corporal injury on a spouse has far-reaching consequences in your life. Therefore, you should seek advice from a professional criminal defense attorney as soon as possible. If you're facing charges for corporal injury on a spouse in Bakersfield, you can contact the California Criminal Lawyer Group. Our attorneys will devote their time and expertise to helping you achieve the best possible result in your case. Call us now at 661-750-8230.
