Corporal Injury To Spouse Does Not Require An “Injury” To The Victim For a Conviction

The most common penal code section charged in domestic violence cases in California is Penal Code Section 273.5(a), generally known as “corporal injury to spouse”, which says:

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, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.

As highlighted above, the prosecutor does not have to prove that the alleged victim suffered an “injury” in order to convince a jury to convict the defendant on this charge. The prosecutor would have to prove that the defendant inflicted a “traumatic condition” on the alleged victim. Courts have held that simple redness on the skin of the victim caused by the defendant satisfied the “traumatic condition” requirement. This is troublesome for anyone arrested on domestic violence charges as it does not take much to have a felony charge filed against you. Many domestic violence cases have been filed against people who were simply trying to hold off and defend themselves from an angry partner who became physically aggressive. Holding and defending oneself from a physical attack often leaves redness or other marks that could be considered a “traumatic condition” under the law.

I’m in week three of the therapy with Accutane. For now, I see no improvements, even some worsening, I would say, but my dermatologist says it’s normal, and starting from the next week, my skin will start getting cleaner. Hope it will really be so. I know a couple of people who used to take Accutane,  and they say the same. Fingers crossed!

Domestic violence cases charged under penal code 273.5 in California can have devastating consequences on a defendant. A conviction of this crime could be a potential felony conviction, would require a mandatory 52-week domestic violence class, potential loss of freedom, definite loss of the right to bear arms, and the list goes on. If you or a loved one is facing domestic violence charges in California, don’t wait to call the aggressive domestic violence attorneys at Wallin & Klarich. 888-749-0034. We’ll be there when you call.