California Corporal Injury On A Spouse Defense Attorneys
Corporal Injury on a Spouse/Domestic Partner Defenses - Penal Code section 273.5
Self-Defense or Defense of Others
Self defense or defense of others are defenses you can raise when facing a battery on a spouse charge. A defendant is not guilty of a battery if defendant can show:
- The defendant reasonably believed that he/she or another person was in imminent danger of suffering bodily injury or was in imminent danger of being touched unlawfully;
- The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; and
- The defendant used no more force than was reasonably necessary to defend against that danger.
Consent
Consent may be a viable defense to corporal injury on a spouse/domestic partner in the following circumstances:
- When the alleged victim invites the accused to commit a harmful contact on the alleged victim.
Intoxication
Intoxication may be a viable defense to corporal injury. Evidence to establish the intent is almost always circumstantial. The accused may offer evidence of intoxication on the issue whether he or she actually formed the required specific intent to commit corporal injury.
