Willful Infliction of Corporal Injury on a Spouse in Newport Beach: A Wobbler Offense Under PC 273.5
What is a wobbler offense in Newport Beach? The first question you may be asking yourself after reading the title of this article is, “what is a wobbler offense?” A wobbler offense is a term used in California law to describe an offense that can either be filed as a felony or misdemeanor. Depending on the specific facts of your willful infliction of corporal injury on a spouse in Newport Beach case and your criminal history, the prosecutor can elect to charge you with the more serious felony offense if the prosecutor believes a harsher punishment is justified. In either event, you should seek the expertise of the criminal defense attorneys at Wallin & Klarich to ensure you get the proper representation you deserve.
How do I get Charged with Willful Infliction of Corporal Injury in Newport Beach?
The answer to this question will depend upon the individual facts of your case. Pursuant to California Penal Code Section 273.5:
“Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony…”
Do not be alarmed by the language of the law because as mentioned above, the prosecutor can elect to charge you with a misdemeanor, especially if you are a first time offender or there are mitigating factors present in your case.
Key language in this statute is the word “willfully.” Unless the prosecution can prove that you committed a volitional act to cause bodily harm to one of the protected persons under this statute, you cannot be convicted of this offense. The corporal injury suffered by the victim has to be caused by a direct application of physical force by you.
In a recent California Court of Appeal case, the court held that the evidence was insufficient to establish the willful element of the offense because the harm she suffered was not a direct result of the defendant’s actions. The victim attempted to flee the defendant when she fell and suffered an abrasion on her arm.
Statistical data reported by the District Attorney’s Office in Orange County shows that since 2005, 3,025 felony and 13,908 misdemeanor domestic violence cases were filed. The attorneys at Wallin & Klarich have over 40 years of experience in criminal defense, and our legal knowledge and skill may make the difference between you winning or losing your case.
Another term in the statute that may cause confusion in determining whether you may have committed this offense is, “corporal injury.” When a court is reviewing the facts of a case involving this offense, it is looking at whether the bodily injury suffered by the victim was a result of physical contact. Common acts of physical contact are hitting, kicking, slapping, and choking. Keep in mind that this is not an exhaustive list.
After reading the language of this statute, you may feel a sigh of relief because of the term “traumatic condition.” Do not let this term mislead you. Courts have construed this term very broadly to include both internal and external injuries, which may be minor or serious in nature. For example, an act of strangulation or suffocation will be determined to be a traumatic condition – even if no physical marks are visible – because the victim’s normal breathing or circulation of blood was impeded. In addition, a court can find that a victim suffered a “traumatic condition” if there is the slightest bruise visible or as in one case, a red mark on the victim’s arm.
Let Wallin & Klarich Make the Difference
With over 40 years of experience in criminal defense, the attorneys at Wallin & Klarich have the skill necessary to help you achieve the best outcome in your case. You do not have to face this alone. The attorneys at Wallin & Klarich will zealously advocate on your behalf to ensure you receive the representation you deserve.
Call us today at (877) 4-NO-JAIL or (877) 466-5245.