Corporal injury on a spouse is a form of domestic violence that is a crime under California Penal Code section 273.5. According to California law, it is unlawful to inflict a corporal injury resulting in a traumatic condition upon a spouse, cohabitant, or co-parent.
If you or a loved one has been accused of domestic violence or is being charged with corporal injury on a spouse, it is essential to your defense that you contact a skilled defense lawyer right away. Depending on the facts of your case, your attorney may be able to argue for a lesser sentence or get the case dismissed.
A California criminal defense attorney knowledgeable about criminal defense law and with experience in cases involving corporal injury on a spouse is your best line of defense. At Wallin & Klarich, we have defended clients charged with corporal injury on a spouse for over thirty years.
To be convicted of corporal injury to a spouse, the prosecution will have to prove the following:
- You inflicted an injury on your spouse, the mother or father of your child, or a former or current cohabitant.
- You willfully inflicted that injury.
- The injury caused a traumatic condition.
If the prosecution cannot prove all these elements, you cannot be convicted of corporal injury on a spouse. There can be severe consequences if you are convicted, so you must discuss your case with a California criminal defense attorney with experience in cases involving corporal injury on a spouse.
What is Corporal Injury On Spouse Versus Battery Of A Spouse?
While any offensive touching can be considered battery, corporal injury results in a traumatic condition, an internal or external injury caused by physical force.
When Victims Refuse to Testify in Corporal Injury Case
In many cases, your spouse or significant other may want to drop the charges after you have been arrested. They may not want you to go to jail or lose your job, and they may want to continue to live with you. Often, a spouse or domestic partner will recant their allegations against the accused.
Unfortunately, once a prosecutor has filed criminal charges in a corporal injury case, only the prosecutor can dismiss the charges. Unless the case goes to trial, the judge also cannot dismiss the charges against you. However, when a spouse refuses to testify in a corporal injury case, it becomes hard for the prosecutor to obtain a conviction.
A criminal defense attorney can answer all of your questions regarding what is a corporal injury on a spouse under CA Penal Code 273.5 and how a victim refusing to testify can play a role in your case.
However, even if your spouse does not testify in a corporal injury on spouse case, you can still be convicted, depending on what evidence the prosecutor has against you. For example, if your spouse made a 911 call, that 911 tape would be admissible as evidence. Therefore, a judge or jury could hear that tape even if your spouse does not testify against you. On the other hand, if your spouse gave a statement to the police, that statement is considered “hearsay” and is not admissible in a corporal injury on a spouse case.
If your spouse does not wish to testify, they must make that fact known to your criminal defense lawyer. Your spouse can tell your lawyer what happened during the incident and how what is in the police report may differ from what really happened. Your spouse can also express their “feelings” to your lawyer about what they want to happen in the case. Your lawyer can then use this information to have the criminal charges dismissed against you.
Corporal Injury on a Spouse in Self Defense
If you were trying to protect yourself or someone else, you could claim self-defense against corporal injury on a spouse’s charges. To use this defense, however, you must prove that the force you used against your spouse was not excessive.
“Excessive force” is “using force to cause a traumatic condition or inflict a corporal injury on a spouse or cohabitant.” A “traumatic condition” is an internal or external injury caused by physical force.
If you used excessive force, and as a result, you caused a traumatic condition, you may be facing a charge of corporal injury on a spouse.
If you want to know about possible defenses to committing corporal injury on a spouse or how they would apply to your case, call Wallin & Klarich and speak with one of our competent criminal defense attorneys.
Our attorneys will take the time to answer all of your questions and address your individual needs. We are committed to providing you with the best possible defense.