Defenses to Corporal Injury on Spouse in California – 273.5 PC
Corporal Injury on Spouse Defense Attorneys
The corporal injury on spouse attorneys at Wallin & Klarich are here to help if you are facing a charge of injury to a spouse, cohabitant or co-parent (273.5 PC) – a charge commonly referred to as “domestic violence.” Some of the best defenses to corporal injury on spouse or cohabitant in California include:
Acting in the Defense of Others, or in Self-Defense
If you are facing these charges, two defenses to corporal injury on spouse that you may be able to raise are that you were acting to defend another, or you acted in self-defense. If you can show the following, you will have a strong defense to the corporal injury on spouse charge:
- You reasonably believed that you or another person was either in imminent danger of being unlawfully touched, or in imminent danger of suffering bodily injury.
- You reasonably believed that in order to defend against that danger, you had to use force immediately.
- In order to defend against that danger, you used no more force than was reasonably necessary.
Another of the defenses to corporal injury on spouse is if the alleged victim invited you to strike that victim, then this “consent” could be a viable defense. This situation occurs when you and the alleged victim may have been involved in some sort of sporting activity or involved in “sexual play” that results in an injury to the other person. If an injury occurs during such a “consensual touching” this can act as a defense to the charge of corporal injury upon spouse.
The evidence used to establish intent in this type of case is typically circumstantial. You may be able to prove you were intoxicated at the time of the incident and did not intend to cause a corporal injury.
In order to convict you of this crime, the prosecution must prove beyond a reasonable doubt that you had the intent to inflict injury on the alleged victim. Thus, a viable defense is that the alleged incident was the result of an accident and you had no intent to inflict injury.
If you sustained any injury due to a mutual combat between you and your spouse, your attorney can use this as a viable defense in your case.
We Will Be There When You Call
At Wallin & Klarich, we have we have offices in Orange County, Los Angeles, Riverside, San Bernardino, Victorville, San Diego, West Covina and Ventura. No matter where you live in Southern California, we have an office location near you. In order to have the best chance possible of prevailing in your case, it is important that you call Wallin & Klarich as soon as possible at (877) 4-NO-JAIL or (877) 466-5245 so we can make sure your side of the story is effectively represented. We will be there when you call.