Also known as domestic abuse, corporal injury to a spouse is a domestic violence crime listed under Penal Code 273.5. ’Corporal injury’ typically means inflicting certain types of physical injuries, which can lead to trauma, broken bones, internal injuries, severe bruises, or wounds. California law defines corporal injury to a spouse as the intentional infliction of harm on a spouse or an intimate partner. This offense is almost identical to domestic battery under Penal Code 243(e), but the only difference is the extent and magnitude of physical injuries or harm the victim sustains. Corporal injury to a spouse attracts severe punishment, including hefty fines, probation, or even a jail term. If you or a loved one faces corporal injury charges, consult a competent criminal defense attorney to help you create a solid defense to fight your charges.
Corporal Injury Under California Law
Penal Code 273.5 is the primary statute that defines the crime of corporal injury to a spouse. Under this statute, the prosecutor can convict you of corporal injury to a spouse if you willfully cause any physical harm to your current or former intimate partner and the harm leads to a traumatic outcome/condition. However, the prosecutor must prove some elements of this crime for you to face criminal charges. According to Penal Code 273.5, some of the elements the prosecutor must prove include:
‘’Willfully’’ Causing Injury To The Victim
If you committed any act intentionally, the judge would conclude that you acted willfully. For you to face charges under PC 273.5, the prosecution must provide evidence that you intended to violate the law.
Traumatic Condition
‘’Traumatic condition’’ is the term that legally refers to any type of physical wound or injury that results from direct exertion of physical force. You must not inflict severe injury to face charges under Penal Code 273.5. Any minor wound or injury could be enough evidence for you to face charges for corporal injury to a spouse. Under California law, the injuries that qualify as traumatic include sprains, internal bleeding, bruises, concussions, broken bones, and injuries caused by suffocation or strangulation.
An Intimate Partner
You can only face charges under Penal Code 273.5 if you inflict physical force on your intimate partner. Intimate partner, in this case, means your current or former:
- Fiancé.
- Cohabitant.
- Domestic partner.
- Spouse.
- The parent of your child, whether adoptive or biological.
Any individual with whom you are in a serious relationship.
If you lived with the victim, the judge would consider several factors to determine if you were an intimate partner. The judge will consider the following factors:
- Your behavior.
- Joint use of property or ownership.
- If your relationship was progressive.
- Income or expenses sharing.
- The period you have been in the relationship.
- Whether you engaged in sexual activities while you were sharing a residential space.
Under domestic violence statutes, you can cohabit with two or more partners simultaneously.
Causation
The prosecutor must provide ample evidence to show the relationship between your actions and the victim’s traumatic conditions. He/she must demonstrate that the victim experienced a traumatic condition that resulted from your willful infliction of physical harm. The prosecutor can only prove causation after satisfying the following requirements:
The victim was subjected to a traumatic condition due to a physical injury.
The victim suffered significant bodily harm that directly led to the traumatic condition.
Punishment For Corporal Injury On a Spouse
The crime of corporal injury to a spouse is a wobbler. You could therefore face misdemeanor or felony charges depending on the following:
- Your criminal history.
- The judge’s discretion.
- The facts and the circumstances of your charges.
You could face felony corporal injury against a spouse if:
- You have a record of constant domestic violence.
- Your partner suffered severe injuries.
- You engaged in other aggressive activities.
If the prosecutor charges you with misdemeanor corporal injury to a spouse, you could face the following penalties:
- A fine that does not exceed $6,000.
- A jail term that does not exceed one year in a county jail.
Alternatively, the judge could impose summary probation instead of a jail term.
On the other hand, if the prosecutor charges you with felony corporal injury to a spouse, you could face the following penalties:
- A fine that does not exceed $6,000.
- A jail term of two years, three years, or four years.
Sometimes, the judge could impose formal probation instead of prison time.
If you have a prior domestic violence charge, you can still be convicted of misdemeanor corporal injury to a spouse.
You will face more grievous punishment if the prosecutor charges you with felony corporal injury and you have previous charges of assault and crimes involving domestic violence within the past seven years. Some of the earlier offenses that could aggravate your penalties for felony corporal injury to a spouse include:
- Assault or battery with severe physical injury under Penal Code 243(d).
- The battery of a spouse under Penal Code 243(e).
- Sexual battery under Penal Code 243.4.
- Assault or battery with a caustic chemical under Penal Code 244.
- Assault with a stun gun under Penal Code 244.5.
- Assault with a deadly weapon under Penal Code 245.
- Corporal injury on a spouse under Penal Code 273.5.
Your felony penalties could be enhanced as follows if you were previously charged with battery on a spouse:
- A fine that does not exceed $10,000.
- A jail term of two, three, or four years in a state prison.
Apart from battery on a spouse, you could face the following penalties if you have any other previous charges for the crimes listed above:
- A fine that does not exceed $10,000.
- A jail term of two, four, or five years in a state prison.
Under Penal Code 12022.7, you will face an enhanced sentence if you cause severe injuries to your spouse or intimate partner. This is a sentence enhancement statute for corporal injury to a spouse with great bodily harm. 'Great bodily harm’ means any significant physical damage. A violation of PC 12022.7 will attract a consecutive and additional jail term of three, four, or five years in state prison.
Probation Instead Of Jail Time
Sometimes, the judge could impose misdemeanor or felony probation instead of a jail term. Misdemeanor probation usually takes one to three years, while felony probation takes three to five years. Part of felony probation could include a jail term that does not exceed one year. The judge will likely impose felony probation if you have been charged with a first-time crime or if important mitigating factors exist.
Once the judge orders you to complete probation, you will also be required to adhere to probation conditions that could include the following:
- Serving a jail term of 15 days if you have one previous charge for assault or domestic violence. You could also serve a jail term of 60 days if you have two or more such previous charges.
- Mandatory compliance with a restraining order.
- Avoid illegal or criminal acts.
- Completion of community service or roadside work.
- Completion of one-year-long domestic violence educational program.
- Payment of a $5,000 fine as a donation to a battered victim's shelter.
- Restitution to your spouse and compensation for counseling, medical, and other justifiable expenses.
- Payment of fines.
Your probation officer will report you to court if you violate the above conditions. The court will then set a violation of probation conditions hearing. The hearing aims to determine if you failed to adhere to the conditions of probation.
The judge will impose harsher conditions on you if he/she discovers that the non-adherence accusations are true. The judge could also revoke your probation and send you to jail, where you will serve the maximum sentence. However, the judge could uphold the probation in particular circumstances without imposing new conditions.
Violation of PC 273.5 as a Strike Crime
If you commit a crime of corporal injury and your spouse suffers great bodily harm, the court will categorize your case as a serious felony. According to the Three Strikes Law, you will receive a strike on your record once you are convicted.
You will face a second strike on your record if the prosecutor convicts you of another felony after you have been convicted of the crime of corporal injury to a spouse. If the court imposes a second strike on you, you risk serving a lengthy jail term, which is twice the required term. Additionally, the court could order you to serve a jail term of 25 years in a state prison or life imprisonment after a subsequent charge of a felony.
Defenses To Violation Of PC 273.5 Charges
You need to seek the services of a skilled attorney if you face corporal injury charges against your spouse. Your attorney could use several strategies to have your charges dropped or reduced. Some of the defenses your attorney can use include:
False Accusation
The police department takes complaints of domestic violence seriously. The law enforcers could therefore arrest you for the crime of corporal injury to a spouse just because of a false claim. False claims are generally the result of revenge, anger, or jealousy. You need to seek the services of an experienced criminal defense attorney if you are facing corporal injury charges and believe that the victim has falsely accused you.
A competent attorney will assist you in challenging the false claims in court. For example, he/she could subpoena the alleged victim's text messages, emails, and social media handles. Your attorney could also interrogate the alleged victim's friends, coworkers, online contacts, and family members. Your attorney could compel the victim and their purported witnesses to undergo a thorough background check.
A thorough investigation will always reveal the hidden motives of the victim. Your attorney could expose this motive before the court, and your case could be dropped or your charges reduced.
Lack Of Willfulness
Penal Code 273.5 requires the prosecutor to prove that you intentionally applied physical force to your spouse. If the prosecutor fails to prove your willfulness, you will not face charges of corporal injury to a spouse.
Consider this: an argument starts between you and your spouse, and your spouse accidentally suffers injuries. In this case, the prosecutor cannot charge you with corporal injury to a spouse. The judge could reduce your case to a minor charge like a domestic battery or dismiss it.
Self Defense or Defense Of Others
You can only use this defense if you have a reasonable belief that you or your loved one is facing imminent danger and that you need to apply physical force for protection. If you have sufficient evidence, the prosecutor will not charge you with corporal injury to a spouse.
When The Victim Of Corporal Injury Fails To Cooperate
At times, the victim of corporal injury can recant the accusations or refuse to testify. However, this cannot make the court drop your case. These are some of the common instances and their influence on the 273.5 charges:
The Victim Failing To Appear In Court
Sometimes, it can be hard for the prosecutor to convince the victim to attend court hearings. For example, the victim could go into hiding or flee the court's jurisdiction. If this happens, it could be hard for the prosecutor to proceed with the charges.
Under the evidence statutes, the courts do not allow hearsay evidence. This means that if the victim of corporal injury fails to attend court hearings, the law does not allow the prosecutor to use evidence from others who overheard the victim talking about the crime. The judge will discard the victim’s out-of-court information, leaving the prosecutor with no evidence. The prosecutor's charges against you will fall apart, and the court could drop your case.
The Victim Refusing To Testify
Sometimes, the victim could refuse to testify against you during the court hearing. In this situation, it is at the prosecutor's discretion to compel the victim to testify.
The prosecutor could serve the victim with a subpoena to appear in court. If the victim still refuses to testify, the judge could issue an arrest warrant against the victim.
Corporal Injury On A Spouse Vs. Domestic Battery
It is a crime under PC 243(e)(1) for any person to touch their spouse or intimate partner in a harmful or offensive manner. Fortunately, this crime attracts less punishment than corporal injury to a spouse.
Prosecutors often prosecute this crime as a misdemeanor. The possible punishments you could face include the following:
- A fine that does not exceed $2,000.
- A jail term that does not exceed one year in a county jail.
At times, the judge could impose probation instead of a jail term. The court could order you to adhere to various conditions, including completing a batterer's education program.
Your attorney could negotiate a plea bargain with the prosecutor to reduce your PC 273.5 charges to PC 243(e)(1). However, this can only apply when the prosecutor fails to gather enough evidence to prove that the victim suffered physical injuries from the force you exerted.
Corporal Injury On A Spouse Vs. Elder Abuse
It is a crime under PC 368 to negligently or intentionally inflict mental suffering or unnecessary physical harm on a person aged 65 years or older. The prosecutor could charge you with PC 368 and PC 273.5 if you intentionally inflict physical injuries on your 65-year-old spouse.
Prosecutors usually prosecute this crime as a wobbler. The possible penalties you could face for a misdemeanor charge include:
- A fine that does not exceed $1,000.
- A jail term that does not exceed six months in a county jail.
On the other hand, the possible penalties you could face for a misdemeanor charge include:
- A fine that does not exceed $6,000.
- A jail term of two years, three years, or four years in a state prison.
You will also face increased punishment if the victim dies or suffers great bodily harm.
Corporal Injury On A Spouse Vs. Disturbing Peace
According to PC 415, you could face charges for disturbing the peace if you do the following:
- Direct, provocative insults to another person in a public area.
- Make unreasonable noise that disturbs other people.
- Fight another person in public.
Usually, during plea bargaining, many prosecutors agree to reduce several domestic violence cases to disturb the peace. This outcome could favor you because PC 415 does not attract severe penalties, immigration consequences, or stigma. Most judges consider disturbing the peace a low-level misdemeanor or a non-criminal infraction. If the prosecutor charges you under PC 415, you could face the following penalties:
- A fine that does not exceed $400.
- A jail term that does not exceed 90 days.
Find a Criminal Defense Attorney Near Me
You must consult a competent attorney if you or a loved one faces PC 273.5 charges. A qualified attorney with a proven record in domestic violence cases can help you create the best defense to achieve the best outcome for your case. At Los Angeles Criminal Lawyer, we have reliable attorneys who will do everything possible to fight your charges and negotiate a favorable outcome. Contact us at 310-502-1314 and talk to one of our attorneys.
