Corporal Injury on a Spouse Lawyer | Orange County

For 40+ years, Wallin & Klarich corporal injury criminal defense attorneys have gone above and beyond in assisting their clients who are charged with corporal injury to a child or their spouse. We know what it takes to successfully represent and defend our clients’ rights. We have the expertise, skills, and resources to tackle the toughest cases. With offices in Orange County, Torrance, San Bernardino, Riverside, West Covina, Victorville, and throughout the greater Los Angeles area, our dedicated team of corporal injury criminal defense attorneys are waiting to help you. Call us toll-free today at (877) 4-NO-JAIL for a free phone consultation and get immediate advice from one of our skilled corporal injury defense lawyers.

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What is “Corporal Injury on a Spouse”? | PC 273.5

From time to time, people who live together – such as spouses, significant others or roommates – will argue with each other. In the heat of those moments, you may make contact with the person you’re arguing with. If you do so and you inflict injury upon that person, you could face charges for inflicting corporal injury upon a spouse or cohabitant under California Penal Code Section 273.5.

You face severe penalties if you are accused of inflicting corporal injury on a spouse. If you are convicted, you face up to four years in prison and fines of as much as $6,000. If you are accused of this crime, you need to speak to an experienced spousal abuse attorney at Wallin & Klarich immediately.

Read below to find out more about spousal abuse laws and/or simply pick up the phone and call (714) 867-1891 for a free phone consultation with one of our experienced spousal abuse attorneys at Wallin & Klarich.

A corporal injury on a spouse charge is similar in many ways to the crime of domestic violence, but there are some differences. One difference is that the domestic violence charge under Penal Code 243(e)(1) is a less serious charge than that of corporal injury. Another difference is the extent of injury to the alleged victim.

In general, if there is evidence of a “visible physical injury” on the body of the alleged victim the prosecutor is likely to file the more serious felony charge of “corporal injury pursuant to penal code section 273.5. In cases where there is no evidence of a “visibly physical injury” then the prosecutor is likely to file the lesser charge of domestic violence pursuant to Penal Code Section 243(e)(1).

What Must Be Proven | Corporal Injury On Spouse PC 273.5

To obtain a guilty verdict in this type of case, the prosecutor needs to prove the following elements “beyond a reasonable doubt”:

  • The defendant willfully inflicted corporal injury
  • The victim was a spouse, ex-spouse, boyfriend/girlfriend, ex-boyfriend/girlfriend, cohabitant, or the mother/father of the defendant’s child
  • The corporal injury resulted in a “traumatic condition”

Under the law, “traumatic condition” is defined as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force.

Corporal Injury on a Spouse Penalties and Sentencing | What You’re Facing

If charged with a felony, you could be facing:

  • Imprisonment in state prison for two, three, or four years
  • A fine of up to $6,000
  • Or both

If charged with a misdemeanor, you will be facing:

  • Imprisonment in a county jail for up to one year
  • A fine of up to $6,000
  • Or both

Possible Defenses to a Corporal Injury on a Spouse in California

There are several valid defenses to a corporal injury charge that could be used in your case. Here are some defenses that we have successfully used in the representation of our clients who were facing a corporal injury to spouse charge:

You Were Acting In Self-Defense Or Defense Of Another

One of the most successful defenses to a charge of causing bodily injury to one’s spouse or cohabitant is that you only used physical force in self-defense or to defend someone else. 

No Intent to Inflict Injury

One of the characteristics of this offense is that you “willfully” inflicted bodily harm on a spouse or cohabitant. In order to convict you of spousal abuse, the state must establish that you had the purpose to inflict injury on your partner.

No Traumatic Condition

Under California Penal Code 273.5, you may be charged with causing a “traumatic condition” if the victim is subjected to an injury as a result of your conduct. If the complainant does not suffer any injuries as a result of your acts, your spousal abuse lawyer will likely be able to have the charges dismissed. 

There Was Consent for the Action of the Accused

When the defendant used physical force against the alleged victim of spousal abuse, he or she consented. This occurs when you and the accused were engaged in some form of athletic activity or sexual play that resulted in bodily harm to the other person. If an injury is sustained as a result of consensual contact, this would likely be a defense to the charge of corporal injury to spouse per Penal Code Section 273.5.

24/7 Communication With Your Attorney | The Wallin & Klarich Way

Not only do you get the benefit of our 40 years of expertise in successfully defending corporal injury charges, but you also get a 24 hour-a-day, 7 days a week communication policy that we offer to our clients. Our objective is for you to be fully informed about the status of your case throughout each stage. We aim to make sure that our clients are active participants in the defense of their corporal injury case.

History of Success | Wallin & Klarich Track Record of Winning Cases

We have a solid track record in Orange County and the rest of Southern California as strong defenders of our client’s rights. Judges and prosecutors throughout the region recognize that we defend our clients vigorously, and we will use everything in our power  in defending them. We’ve built up this reputation over 40 years by taking on and winning tough cases. Click below to hear from some of our previous clients!

The Bottom Line

Being charged with corporal injury on a spouse can cause huge concern and worry, and it could negatively affect your life in many ways, including loss of your freedom, your employment, and well as reputation among your peers.  But you don’t have to go through it on your own. Our help is only a phone call away.

Contact us online or call us today at (877) 4-NO-JAIL for a free phone consultation. With offices in Orange County, Riverside, San Bernardino, West Covina, Torrance, San Diego, Los Angeles, San Diego, and throughout Southern California, we have an office likely near where you live or work. Many of our initial consultations are done virtually. During your initial consultation, we will ask about the facts of your case. We will discuss every aspect of your case and go over the potential defenses that may be available for you. When it matters most, you can rely on Wallin & Klarich to defend your rights.


Frequently Asked Questions

While any sort of offensive touching can be considered battery, corporal injury results in a traumatic condition, which is an internal or external injury caused by physical force.

Once criminal charges have been filed by the prosecutor, only the prosecutor can dismiss the charges of infliction of corporal injury on a spouse. Your spouse does not have the power to dismiss the charges. And unless there is a trial, the judge doesn't have the power to dismiss the charges either. But if your spouse refuses to testify, that makes it very hard for the prosecutor to obtain a conviction in a corporal injury on spouse case.

If your spouse was not legally served with a subpoena to come to court, then she can refuse to come to court. Your spouse has to be personally served with a lawful subpoena if the court wants to force her to testify.

If you were trying to protect yourself or someone else, then you will be able to claim self-defense. In order to be able to employ this defense, however, you will have to show the force you used was not excessive. This requires a skilled attorney and planning. Contact an attorney immediately to get the process started.

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