California Corporal Injury On Spouse Attorneys

Corporal Injury on Spouse/Domestic Partner Overview – Penal Code section 273.5

Corporal injury on a spouse or cohabitant is defined by the state of California as willful infliction of corporal injury against a spouse or former spouse or cohabitant resulting in a traumatic condition. Traumatic condition is defined as an external or internal injury, caused by physical force.

Our law firm can successfully defend the case by arguing “self defense”. In most cases, we often find that was really a “mutual combat” situation, or the infliction of injury was unintentional. The attorneys at Wallin & Klarich will vigorously seek to reduce the crime to a lesser offense such as attempted infliction of corporal punishment, misdemeanor battery, or simple assault.

Often times, clients who retain one of our experienced corporal injury attorneys are able to resolve their case by dismissing the charges. However, this will depend on the facts of your case and whether or not there were previous charges of corporal injury. If you or someone you love is charged with corporal injury on a spouse, it is critical that you contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 criminal defense law firm who can effectively represent your side of the story.

More California Corporal Injury On Spouse Information

• Corporal Injury On Spouse Prosecution
• Corporal Injury On A Spouse Defenses
• Corporal Injury On A Spouse Sentencing & Punishment
• Corporal Injury On Spouse FAQ’s
• Client Testimonials: Corporal Injury On A Spouse

Prosecution Of Corporal Injury On Spouse or Domestic Partner

Corporal Injury on a Spouse/Domestic Partner Prosecution – Penal Code section 273.5

To prove the defendant is guilty of corporal injury on a spouse, the prosecuting agency must prove the following 2 elements:

1. The defendant willfully inflicted a physical injury on his or her former spouse or spouse, cohabitant, or the mother of his or her child.
   1. A willful act is done with the intention of causing a result.
   2. Cohabitants are two unrelated persons living together for a substantial period of time, resulting in some permanency of the relationship. Factors that determine whether people are cohabiting include, but are not limited to: sexual relations between persons in same residence, sharing of income or expenses, joint use or ownership of property, the parties’ holding themselves out as husband and wife or domestic partners, the continuity of the relationship, and the length of the relationship.
2. The injury resulted in a traumatic condition. A traumatic condition is a wound or other injury to the body, whether minor or serious, caused by physical force.

More California Corporal Injury On Spouse Information

• Corporal Injury On Spouse Prosecution
• Corporal Injury On A Spouse Defenses
• Corporal Injury On A Spouse Sentencing & Punishment
• Corporal Injury On Spouse FAQ’s
• Client Testimonials: Corporal Injury On A Spouse

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:

1. 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;
2. The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; and
3. 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:

1. 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.

More California Corporal Injury On Spouse Information

• Corporal Injury On Spouse Prosecution
• Corporal Injury On A Spouse Defenses
• Corporal Injury On A Spouse Sentencing & Punishment
• Corporal Injury On Spouse FAQ’s
• Client Testimonials: Corporal Injury On A Spouse

Corporal Injury On A Spouse Punishment & Sentencing

Corporal Injury on a Spouse/Domestic Partner Sentencing & Punishment – Penal Code section 273.5

A person in violation of Penal Code 273.5 can be charged as either a misdemeanor or a felony.

If guilty of a misdemeanor, the defendant shall be imprisoned in a county jail for not more than a year, or fined up to $6,000, or subject to both a fine and imprisonment. If guilty of a felony, the defendant shall be punished by imprisonment in state prison for two, three, or four years, or fined up to $6,000 or subject to both a fine and imprisonment.

Moreover, upon conviction a court shall also consider issuing a protective order. A protective order is a court order prohibiting the defendant from any contact with the victim. This protective order may last for up to 10 years, as determined by the court. This protective order may be issued by the court whether the defendant is sentenced to state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation.

More California Corporal Injury On Spouse Information

• Corporal Injury On Spouse Prosecution
• Corporal Injury On A Spouse Defenses
• Corporal Injury On A Spouse Sentencing & Punishment
• Corporal Injury On Spouse FAQ’s
• Client Testimonials: Corporal Injury On A Spouse

Corporal Injury On Spouse FAQs

California Corporal Injury On Spouse Frequently Asked Questions

• What is the difference between battery of a spouse and corporal injury of a spouse?

• I was defending myself when I injured my spouse. Can I still be charged with Corporal Injury on a Spouse?

• I was drunk when I injured my spouse, can this be used as a defense?

What is the difference between battery of a spouse and corporal injury of a spouse?

A battery can be any offensive touching, but corporal injury requires an inquiry into whether a traumatic condition was caused.

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I was defending myself when I injured my spouse. Can I still be charged with Corporal Injury on a Spouse?

You are allowed to use self-defense to protect yourself or someone else. However, the force used should not exceed the amount necessary to protect yourself. If you use more force than is necessary to defend yourself, and the force you used caused a traumatic condition, you can be charged with corporal injury to a spouse.

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I was drunk when I injured my spouse, can this be used as a defense?

Voluntarily drinking alcohol and getting drunk will not excuse you from causing corporal injury to your spouse. This is not a defense. It is essential to call an attorney today to find your best possible defense.

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More California Corporal Injury On Spouse Information

• Corporal Injury On Spouse Prosecution
• Corporal Injury On A Spouse Defenses
• Corporal Injury On A Spouse Sentencing & Punishment
• Corporal Injury On Spouse FAQ’s
• Client Testimonials: Corporal Injury On A Spouse

Testimonials

Domestic Violence

I would highly recommend Matt Wallin to anyone in need of a good criminal defense in Newport Beach. Along with his partners and investigators at the firm Wallin & Klarich, Matt Wallin was able to get my felony case dismissed prior to any charges being filed. This was particularly impressive given the amount of detail and complicated nature of the case Matt had to deal with. I faced the possibility of having 3 felony charges tried against me, and the real possibility spending significant time in Orange County jail or California state prison. I am very pleased I hired Matt who was able to present my case to the DA and get the case rejected in the interest of justice before I ended up with anything on my record!

-J.B.

I am writing to let you know how impressed I was with the employees of Wallin & Klarich. From my initial phone call to your law firm, throughout both the civil and criminal trials, and a follow-up call to see how my son was doing after the verdict, your employees remained consistent in her ability to provide outstanding client support. Wallin & Klarich Attorneys represented your firm with a professional and caring attitude. The attorney was always accessible, responding promptly to all of my questions and concerns, or getting back to me when they needed to get an answer.

As a parent going through such an emotional turmoil with my son, I cant tell you how comforting it was to have a Wallin & Klarich staff member on the other end of the phone. At a time when both my son and I were confused and under great stress she was always extremely helpful. She kept us going and thinking positively. She always reassured me that no matter what the outcome your firm was on our side and was there for us. Without her I would have been lost.

I have been a manger and worked in the human resources department for over thirty years at several different companies, including law firms. I have had an opportunity to hire and work with hundreds of employees. I wanted you to know that Wallin & Klarich staff members stood out to me. She is intelligent, cooperative, professional and courteous. Her public relations skills are unsurpassed and she has a unique calming ability and the ability to offer unwavering support during very trying and stressful times. Thank you for all your help.

-A Loving Mother

I was going through a child custody dispute and my girlfriend to gain custody of my child, made an allegation that I physically abused her. I hired the law offices of Wallin & Klarich and they assigned an attorney to handle my case. My Wallin & Klarich attorney was able to prove to the district attorney and the judge that the allegations were false and got the case completely dismissed. If you are ever in need of an attorney that will fight for you, I would recommend Wallin & Klarich to handle your matter.

-B.B.

I was arrested for allegedly hitting my wife, I had a prior for the same count, and I was facing jail time. I hired Wallin & Klarich to represent me. My attorney, fought the case hard for me, he never once tried to get me to plead guilty. Thanks to his help the case was entirely dismissed! No Jail, No classes, and no probation, Wallin & Klarich are the best!

-H.K.

I had a horrible history of domestic violence. When I was young, I was quick to get angry and was unable to control myself. I was convicted of Felony domestic violence 7 years ago. I served a year in jail and did my anger management counseling for 18 months. I really learned to manage my temper and to take steps to prevent any further violence. Unfortunately, my ex-wife knew about my past and had taunted me over the years that all it would take is a phone call, and that nobody would believe a word of a former felon. Well, that nightmare came true. She made good on her threats and called the police and lied to them about being beaten to punish me for leaving her for another women. When we went to court, no one believed me. No one except my attorney. He advised me that I was facing a year in jail. We took the matter to trail, where the prosecutor attempted to use my prior conviction from 7 years ago to prove that I was guilty of the crime charged today. My attorney was able to bring out the true story and more importantly, the motives of my ex-wife for lying to he police and convincing my own kids to lie against me. The jury didn’t buy any of it. They voted 12-0 in favor of finding me not guilty. I thank my attorney for all his efforts and for allowing me to have my life back.

-Y.S.

“I was accused of felony domestic violence with injury and faced up to three years in state prison. The attorneys of Wallin & Klarich moved aggressively to present my case in the best light to the court and negotiate with the District Attorney. In the end my felony domestic violence charge was reduced to a misdemeanor. The punishment I received was a domestic violence class and 40 hours of community service. A far cry from the punishment I initially faced! In addition, I was soon reunited with my wife and children. Without the expert advice and guidance of Wallin & Klarich I could have lost my job, my home and my family. I am grateful to Wallin & Klarich for their help.”

-P. A.

“I was facing charges of domestic violence. A conviction for domestic violence would ruin my chances of becoming a United States Citizen. I contacted the law offices of Wallin & Klarich and they quickly contacted the prosecutor’s office. Wallin & Klarich arranged a pre-filing hearing with the prosecutor’s office so we could resolve this without going to court. A hearing was set and Wallin & Klarich convinced the prosecutor not to file any charges against me in exchange for completing a short counseling program. Once I complete the program, the case will be dismissed and I will not have a domestic violence conviction on my record. Now, I can become a United States Citizen thanks to Wallin & Klarich.”

-J. M. H.

“I was arrested for domestic violence. I felt that everyone was against me including the Police and the Prosecutors. They all wanted to send me to jail without even hearing my side of the story. This is all before I retained Wallin & Klarich to represent me. My attorney was the only person that ever listened to me. We took the matter to trial where my attorney vigorously cross-examined witnesses and finally presented my side of the story. They jury took only one hour to return a unanimous verdict of Not Guilty. I would like to thank Wallin & Klarich for an outstanding effort.”

-R. D.

“I would like to just thank your incredible effort on my behalf. When I was wrongfully charged with Domestic Violence, I did not know where to turn. All I knew was that the police were going to take her side, simply because of my prior conviction when I was young. I had changed so much since that conviction, but since it was on my record, I was looking at serious jail time. You fought the case from day one. We took the matter to a jury trial where you cross-examined all the witnesses and brought out the truth. The jury saw the truth and voted 12 – 0 Not Guilty. Thanks to you, I can move on and put this nightmare behind me.”

-E. G.

“What a marvelous result! I was charged with assault with a deadly weapon and a high-grade domestic violence charge. The prosecutor initially evaluated the case as a 120 county jail requirement. My attorney at Wallin & Klarich was able to resolve the case for no jail and a lesser charge. Also, I will be allowed to earn a dismissal in a year. I am very pleased with my results. Thank you Wallin & Klarich for helping me every step of the way.”

-J.D.

“I was involved in a domestic incident with my girlfriend, which included a charge of child endangerment. I hired the offices of Wallin & Klarich to represent me. In the very first pre-trial the lawyers of Wallin & Klarich presented my case to the District Attorney and the Judge and the case was dismissed the same day. I believe that the familiarity Wallin & Klarich attorneys have with their particular court was instrumental in the very quick and outstanding result in my case. I would enthusiastically recommend them for any and all criminal matters.”

-Z. A.

“I was charged with a domestic violence case and was also facing a probation violation. My attorney at Wallin & Klarich was able to get my case dismissed. I am very pleased with my results.”

-N.Q.

“I was charged with spousal abuse against my girlfriend. Because I was on parole I faced a parole violation as well as up to one year in jail. Thanks to the services of Mrs. Garcia at Wallin & Klarich the charges were dismissed against me. I would recommend Wallin & Klarich to anyone in a similar situation.”

-T. S.

I was arrested for domestic violence. My girlfriend was alleging that I pushed her. I hired the Law Offices of Wallin & Klarich for representation. Attorney of Wallin & Klarich was assigned to handle my case. My attorney set the case for trial as the District Attorney did not have any evidence against me. On the day of trial, the District Attorney conceded to my attorney and offered me a 415 (disturbing the peace) as an infraction. This is similar to a speeding ticket. The domestic violence case was dismissed against me. I was facing up to 6 months in county jail and without the services of Wallin & Klarich, I could have lost everything I have ever worked to have. I would recommend Wallin & Klarich to you if you are need a criminal defense attorney that will fight for you.

-M. M.

More California Domestic Violence Information

• Domestic Violence: What You Need to Know
• Battery On Spouse Overview
• Battery On Spouse Prosecution
• Battery On Spouse Charge Defenses
• Battery On Spouse Sentencing
• Battery On Spouse FAQ’s
• Corporal Injury On Spouse Overview
• Corporal Injury On Spouse Prosecution
• Corporal Injury On A Spouse Defenses
• Corporal Injury On A Spouse Sentencing & Punishment
• Corporal Injury On Spouse FAQ’s