September 17, 2012 By Paul Wallin

Penal Code 243 (e) (1) -simple domestic battery is the least serious offense compared to infliction of corporal injury on spouse-PC 273.5. The prosecution can seek this offense even if you don’t injure your spouse. This is charged as a misdemeanor offense by the prosecution.

Penal Code 273.5 Intentional Infliction of Corporal Injury spouse:

This offense can be filed either as a misdemeanor or as a felony.  This offense is committed if you willfully inflict a corporal (“bodily”) injury on your current or former spouse, someone with whom you live or lived, or the parent of your child.

This offense compared to spousal battery above requires a “traumatic injury” to the victim caused by physical force such as marks, bruises, bloody scratches, etc.

The other notable distinction is “intimate partners”, under  PC 273.5 intentional infliction of corporal injury can’t be filed against you if you injured your former or current fiancée or someone you are or were dating whereas in PC 243(e)(1), the prosecution can.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

Practice area

  • Contact Us Now

    If you or a loved one have been accused of a crime, now is the time to contact us.

  • This field is for validation purposes and should be left unchanged.

Categories
SCHEDULE YOUR free consultation

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.