Most Common Legal Defenses to Corporal Injury on a Spouse Charges (PC 273.5)

Inflicting corporal injury on a spouse or cohabitant under California Penal Code Section 273.5 is a serious crime. If convicted under PC 273.5, you face up to four years in prison and fines of up to $6,000.

That is why it is crucial that you contact an experienced domestic violence attorney who can help defend you against these serious charges. Our criminal defense lawyers at Wallin & Klarich have been successfully defending clients facing corporal injury on a spouse charges for more than 40 years. Here are some of the valid legal defenses we have used to help our clients beat PC 273.5 charges:

The Allegations Against You are False

Domestic disputes are often heated and filled with spite. In anger, your spouse may call the police to falsely report you for domestic violence.

Unfortunately, many cases involving corporal injury on a spouse or cohabitant begin when one spouse falsely accuses the other of committing the crime. These false accusations may be a way for the alleged victim to satisfy his or her desire to punish his or her spouse.

If you are falsely accused of domestic violence, our skilled criminal defense lawyers will work hard to show that the allegations are untrue and demand that the charges be dismissed.

You Were Acting in Self Defense or Defense of Another Person

If the reason you inflicted corporal injury upon a spouse or cohabitant was because you were acting in self defense or defense of another person, your domestic violence attorney may be able to show that you have a valid legal defense to the charges against you.

People have the legal right to use “reasonable force to defend themselves” when they are attacked. The amount of force one can legally use to defend him or herself depends upon the circumstances of each case. Under California Jury Instructions 505 and 506, you are considered to have used reasonable self defense if:

• You reasonably believed you were in danger of being injured or killed
• You reasonably believed that you needed to use force to prevent this from happening; and
• You used no more force than was necessary to stop the threat

For example, it would most likely be considered deadly force if someone was attacking you with a knife. This would permit you to use deadly force to defend yourself. However, if a person assaults you by pushing you, it would not be permissible to use a deadly weapon to defend yourself.

The Incident was an Accident

In emotionally heated moments, people sometimes lose track of their surroundings. Maybe this means your spouse misses a step and falls down the stairs or throws an object on the floor only to see it bounce up and hit you in the face.

If you accidentally inflicted corporal injury on someone, your domestic violence attorney may have a valid legal defense to the charges against you. In order for this defense to be successful, your criminal lawyer must show that you did not have the intent to strike or injure the alleged victim.

One or more of the abovementioned legal defenses could apply in your case. If you are accused of the serious crime of a violation of Penal Code Section 273.5, you should consult with one of our experienced corporal injury on spouse lawyers to help you determine what legal defenses could help you win your case.

Speak to the Domestic Violence Lawyers at Wallin & Klarich Today

If you or someone you care about has been charged with inflicting corporal injury on a spouse or cohabitant, you should contact an experienced domestic violence attorney as soon as possible. At Wallin & Klarich, our skilled and knowledgeable domestic violence lawyers have been successfully defending clients accused of corporal injury on a spouse for more than 40 years. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich domestic violence attorney available near you no matter where you work or live.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will get through this together.