In California, Penal Code section 273.5 defines corporal injury on a spouse or cohabitant as willful infliction of corporal injury against a spouse or former spouse or cohabitant resulting in a traumatic condition. Traumatic condition is an external or internal injury caused by physical force of another person.
A violation of Penal Code 273.5 is considered a “wobbler” offense that can be prosecuted as either a misdemeanor or a felony. If the crime is charged as a misdemeanor, an individual may be facing up to one year in a county jail and fines up to $6,000. If, however, the crime is prosecuted as a felony, a person may be punished by imprisonment in state prison for two, three, or four years.
Usually, upon conviction of this crime the court also issues a protective order prohibiting the defendant from contacting the victim. Such protective order may last for up to 10 years, and may be issues by the court regardless of whether the defendant is sentenced to state prison, county jail, or placed on probation.
If you have been accused of corporal injury on a spouse, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/corporal-injury-spouse. We will be there when you call.
