Possible defenses for corporal injury on a spouse Penal Code 273.5

Many people know that domestic violence is a serious crime. But they aren’t aware exactly what domestic violence is under the eyes of the law. In California, the most often charged domestic violence crime is corporal injury on a spouse under PC 273.5.

Corporal injury on a spouse or cohabitant is a serious crime in California. If you are convicted of this crime, you face potential jail time, a batterer’s treatment and anger management classes, and a criminal record that will haunt you for the rest of your life. That is why you need to speak to an experienced criminal defense attorney who understands the legal defenses to corporal injury on a spouse.

At Wallin & Klarich, our experienced criminal defense attorneys have successfully used several valid defenses to help our clients facing corporal injury on a spouse charges. Here are some of the defenses our attorneys may be able to use to help you fight domestic violence charges:

Self Defense

Self defense could be a valid defense to domestic violence charges in certain cases. If you were protecting yourself or someone else from harm, your attorney may be able to use self defense as a valid defense to these charges.

For instance, if the alleged victim actually started a physical altercation and you were forced to physically restrain or push the victim away out of fear for your own safety, self defense could be used to fight charges of corporal injury on a spouse.

It Was an Accident

Accidents can occur when spouses or cohabitants get into heated arguments. Sometimes physical contact is made, even if it wasn’t a willful physical act of violence that caused physical contact.

It is not a crime to accidentally hit or touch someone where it creates an injury when there was no willful or specific intent to injure that person. If your domestic violence attorney can show that the contact you made against your spouse was a result of an accidental touching, you will likely not be convicted of this crime. You must show that you had no intent to strike or physically harm your spouse and the result of your actions were due to an accidental touching/contact on your spouse.

False Accusations

The defense of false accusations is common in domestic violence cases. Many times, someone may allege that you committed a physical act of violence against him or her in order to get an upper hand in separate court proceedings. If you commit domestic violence, it will not look favorably to you in divorce and child custody cases.

However, if your attorney can prove the alleged victim had some ulterior motives to accuse you of corporal injury on a spouse or cohabitant, you will likely not be convicted of this crime.

Call the Domestic Violence Attorneys at Wallin & Klarich

If you are accused of corporal injury on a spouse, you need to speak to an experienced criminal defense attorney immediately. At Wallin & Klarich, our skilled defense attorneys have been successfully defending our clients accused of domestic violence for over 40 years. We’ve helped thousands of clients in their time of legal need, and we can help you now.

With offices located in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Victorville, Torrance, West Covina and Sherman Oaks, our skilled attorneys are available to help you no matter where you work or live.

Call our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.