Corporal Injury to a spouse is a domestic violence-related crime punished severely in California. Prosecutors are aggressive when prosecuting this crime and seek the maximum punishment. If you have been charged, you want to hire a skilled and knowledgeable domestic violence defense attorney to fight for you. The lawyer may be able to poke holes into the prosecution's case, thereby weakening it, which could, in turn, result in a case dismissal or charge reduction.

At California Criminal Lawyer Group, our domestic violence defense attorneys understand the intricate sentencing structure and laws of the crime of corporal injury on a spouse. With decades of experience successfully defending against these and other domestic violence cases in Santa Ana, we may help you achieve the best possible outcome for your case. Remember that the earlier you retain a lawyer, the higher your chances of achieving the best possible outcome. Do not waste any more time and call us now.

The Legal Definition of Corporal Injury On a Spouse 

California’s corporal injury upon a spouse/intimate partner is described under Penal Code (PC) Section 273.5. You violate this code section when you willfully cause physical injury upon an ex or current intimate partner/spouse, and the bodily injury generates a traumatic condition. This crime is also referred to as spouse abuse, domestic abuse, or willful infliction of a corporal injury. It is deemed a general intent offense, meaning the only intent that is legally required is that of intending to make violent contact with the victim. 

You willfully act when you do something on purpose. You need not have meant to disobey the law, but you must have intended to act the way you did. A traumatic condition is any wound/injury, either external or internal, inflicted due to the direct use of physical force. Typically, physical injuries are visible, but internal injuries like internal bleeding also count. Note that it need not be a life-threatening or severe wound/injury. A minor injury or wound suffices. Injuries considered a ‘traumatic condition’ under this Penal Code Section are injuries resulting from strangulation/suffocation, a bruise, a sprain, internal bleeding, black eye, a concussion, a broken bone, head trauma, swelling, severe abrasions, and a broken nose. 

To prove you are guilty of a PC 273.5 violation, the prosecuting attorney must demonstrate that your actions made the victim suffer a traumatic condition. An injury is deemed to have caused a traumatic condition if:

  • The harm was the direct and most significant cause of the condition 
  • The condition was a natural, probable outcome of the injury
  • The condition could not have occurred without the wound/injury. 

273.5 PC also requires that harm be inflicted on a spouse or intimate partner. Per this law, an intimate partner could be an ex or current:

  • Spouse
  • Lived-in girlfriend or boyfriend (cohabitant) 
  • Domestic registered partner 
  • Fiancée/fiancé
  • Parent of your child 
  • A person you are dating 

Factors that can show whether or not people are living together (cohabiting) include, without limitations:

  • Sexual relationships between the individuals while sharing a residence
  • Joint ownership or use of a property. 
  • Sharing of expenses or income 
  • The parties carrying themselves as being in a relationship
  • How long the relationship has lasted
  • The progression of that relationship

Note: per the state's domestic violence laws, you can live (cohabit) with two or more people simultaneously. 

Defending Against PC 273.5 Violation Charges

A skilled domestic violence defense attorney can use various legal defenses to have your PC 273.5 violation charges reduced or dismissed altogether. Whereas each case has unique facts, some prevalent legal defenses your lawyer may argue include are: 

You Did Not Intentionally Injure the Victim 

You are guilty of PC 273.5 violation only if you willfully hurt the victim. Therefore, an unintended injury, even one inflicted during a heated argument, does not suffice. 

If you are in this situation, your lawyer may be capable of having the prosecuting attorney dismiss your charges or lower them to a less severe crime, like 243(e)(1) PC, domestic battery. 

You Acted in Self-Defense or Defense of Another Person

Your lawyer can use the 'self-defense' defense or defense of someone else when all these are true:

  • You reasonably believed you or another person was in immediate danger of physical injury
  • You reasonably believed the imminent application of physical force was required to defend yourself or the other person against the danger. 
  • You applied not more force than was reasonably required to defend against the danger. 

If your lawyer proves all the facts mentioned above, you should not be convicted of corporal injury upon a spouse/intimate partner. 

The Victim is Accusing You Falsely 

California police officers take domestic violence allegations seriously. Consequently, people are frequently wrongly arrested on the grounds of false accusations. The accusations may be lodged out of jealousy, a desire to revenge, anger, or an attempt to gain the upper hand in a child custody case. Your attorney can help you fight the false allegations against you by: 

  • Conducting a comprehensive background check on the supposed victim and any supposed witnesses 
  • Interviewing the alleged victim and their family, co-workers, online contacts, and friends, 
  • Subpoenaing the supposed victim's text messages, social media accounts, and emails 

A comprehensive investigation will frequently disclose that a supposed victim of domestic violence has an ill motive. The charges against the defendant will be dismissed or lowered through a plea deal when their lawyer presents the proof to the prosecution team.

Regardless of what defenses are applicable, lawyers can often achieve a favorable outcome without taking your case to trial. Besides being expensive and time-consuming, court trials give presiding judges the power to admit into the public record and evidence info that can be stigmatizing. However, court trials sometimes work in the accused's best interest, mainly if the prosecuting team is uncooperative. 

What If the Victim Refuses to Testify? 

More often, in cases related to domestic violence, the alleged victim decides to recant the allegations or refuses to testify. Unluckily, this usually does not necessarily mean the prosecution will dismiss the charges. Here are the three most prevalent scenarios encountered in court and what they will mean for the accused:

Where the Victim Declines To Testify Before the Court

At times the supposed domestic violence victim (complaining witness) declines to testify against the accused at trial. However, the prosecuting attorney has the court's subpoena power, meaning the victim can be compelled to appear in court to testify even if they do not want to. 

The prosecuting attorney has to personally serve the victim with a subpoena to show up in court. If the victim still declines, the judge may issue a bench warrant for their arrest. 

Where the Victim Decides They Want to Have the Charges Dropped

In PC 273.5 violation prosecutions, the victim will sometimes not want to proceed with pressing charges. However, the prosecution always assumes that the supposed victim wants to drop the charges only because: 

  • The defendant is coercing or threatening  them 
  • The defendant is emotionally manipulating them

Consequently, there exists a high chance the prosecuting team will go ahead and charge the perpetrator anyway. 

But if the victim is reluctant, the charges are usually more challenging to prosecute. When a supposed victim does not want to cooperate, the prosecution's work becomes harder. Consequently, defense attorneys can often convince the prosecuting attorney to agree to a more lenient plea deal or dismiss the charges if the available proof is weak. 

Where the Alleged Victim Cannot be Presented In Court

Sometimes, the supposed victim or another eyewitness in the corporal injury on a spouse case cannot be brought to court. For example, the person may have fled the jurisdiction or gone into hiding. 

In this case, the chances are high that the prosecution team will not be capable of continuing with the prosecution due to the hearsay rule, an essential evidence rule in California. Per Evidence Code 1200(a), hearsay evidence is proof of a secondhand statement made: 

  • By someone else other than an eyewitness on the record, and 
  • To establish the truth of the matter stated. 

An eyewitness's statements made outside of the court are excluded since the accused must have the opportunity to confront and cross-examine opposing witnesses. Therefore, with few exceptions, hearsay evidence is not admissible in court. 

Therefore, if the victim cannot be presented before the court, the prosecution's case will likely fall apart, leading to a charge dismissal. Note that if your case is dismissed, you can seek to have your arrest records sealed. 

Penalties for 273.5 PC Violation

Violating 273.5 PC is considered a wobbler offense, meaning the prosecution can charge it either as a felony or misdemeanor based on the case's facts and the accused's criminal history. 

You are likely to face felony charges if domestic violence-related complaints or complaints of other aggressive conduct have previously been filed against you or the injuries you inflicted on your spouse are very severe. 

If convicted of a misdemeanor 273.5 PC violation, you will be subject to up to six thousand dollars in fines and a year in jail. Or, the judge may sentence you to informal probation rather than face a jail term. If convicted of a felony violation of 273.5 PC, you will face four, three, or two years in prison and six thousand dollars in fines. In particular cases, the court might instead sentence you to formal probation.

Felony Consequences If You Have a Prior Conviction

273.5 PC violation is considered a wobbler crime even if you have a past conviction for assault or domestic violence. However, the judge can enhance your felony conviction consequences if you have been found guilty within the past seven years for:

  • Battery upon a spouse, Penal Code 243(e)
  • Sexual battery, Penal Code 243.4
  • Assault with a deadly weapon, Penal Code 245
  • Assault using a stun gun, Penal Code 244.5
  • Battery/assault using a caustic chemical, Penal Code 244
  • Battery/assault resulting in severe bodily injury, Penal Code 243(d)
  • Corporal injury upon a spouse, Penal Code 273.5 

A Past Conviction of Battery Upon a Spouse/Intimate Partner

If your past conviction is of a 243(e) PC violation, your felony punishment for PC 273.5 violation will increase to four, three, or two years in prison and up to ten thousand dollars in fines. 

Corporal Injury Causing Great Physical Injury (12022.7 PC Sentence Enhancement) 

If you severely injured your spouse/intimate partner, you may be subject to a sentence enhancement for inflicting great bodily/physical injury under 12022.7 PC. Great bodily/physical injury is any substantial/significant injury. 

A sentence enhancement under 12022.7 PC imposes an additional & consecutive term of five, four, or three years in prison. 

Probation Sentence

California judges at times have the power not to impose a 273.5 PC violation sentence and instead impose a probation sentence. In California, you will face either of the two types of probation based on whether your charges were a felony or misdemeanor: 

  • Misdemeanor (summary/informal) probation
  • Felony (formal) probation

Misdemeanor probation generally lasts between a year and three years. On the other hand, felony probation lasts much longer (usually between three and five years) and might include serving one year in jail. The judge will generally grant you probation only when there are strong mitigating factors, or you are a first-time offender. 

As a requirement to remain out of custody on probation (either for a felony or misdemeanor), the judge will need you to obey certain conditions, including:

  • A minimum incarceration stay of:
    • Fifteen days if you have a past conviction within the last seven years for a crime involving domestic violence or assault 
    • Sixty days if you have two or more of the above priors. 
  • Obeying the terms of a protective/restraining order prohibiting making contact with the involved victim for a maximum of ten years 
  • Not breaking any laws. 
  • Completing Caltrans roadside work or community service 
  • Attending a fifty-two-week domestic violence course. This involves attending a domestic violence course once a week for a whole year. Failure to complete the course could lead to the judge imposing some jail term. 
  • Paying a maximum of five thousand to a battered women's shelter 
  • Paying restitution to compensate the victim in question for counseling, therapy, and other applicable expenses 
  • Fine payment

If you violate any imposed probation condition, the court will call for a probation violation hearing. If the prosecutor proves that you indeed violated one or more probation conditions, the judge may decide the following:

  • That you continue with your probation sentence as before
  • They may decide to impose newer (usually harsher) probation conditions 
  • They may revoke your probation sentence and send you to prison/jail to serve the original sentence for your crime. 

Immigration Consequences

PC 273.5 violation is considered a domestic violence crime under the federal immigration statute. Consequently, 273.5 PC violation is a crime that triggers deportation (deportable offense). 

In some cases, this offense can also be considered an aggravated felony or a crime that involves moral turpitude. Both aggravated felonies and crimes that involve moral turpitude are inadmissible offenses. The punishment for an inadmissible offense in California may include but is not limited to: 

  • The incapability to apply for a green card or adjust your status (changing your immigration status from illegal to legal) 
  • Denial of re-entering the US after traveling out
  • No chance of becoming a United States citizen

Ten-Year Firearm Ban 

Another legal penalty you will be subject to involves firearm ownership. In PC 273.5 violation cases, the California legislator has decided you cannot be trusted with bullets or a weapon. Therefore, if the court finds you guilty of the crime, you may lose your right to possess or own a firearm for ten years. This implies if you already own a gun, you will have to sell it or otherwise dispose of it.  

Significant Bodily Harm Making a Crime a Strike

If you commit corporal injury on a spouse and it leads to significant bodily injury upon the victim, the crime becomes a strike per the state's Three Strikes law and a serious felony. 

If you were found guilty of a serious felony and later be charged with a felony, you will be deemed a second striker. Second strikers face a twice as long sentence as the punishment otherwise required under the law. And if you have two prior strikes, any subsequent conviction of a felony offense can result in a prison term of 25 years to life imprisonment. 

Crimes Related to Corporal Injury On a Spouse

Several domestic violence crimes are often prosecuted instead of or along with corporal injury on a spouse/intimate partner. These charges include: 

Child Abuse Laws

Child abuse charges often go hand-in-hand with domestic violence laws. If you have a minor child then be accused of corporal injury to a spouse/intimate partner, you may also be subject to prosecution under 273(a) PC, child endangerment law. In many cases, this crime is considered a misdemeanor. However, you can face felony charges if you put the minor at the risk of death or significant bodily injury. 

Elder Abuse Under PC 368

PC 368 makes it an offense to negligently or wilfully impose uncalled-for mental suffering or physical pain on a sixty-five-year-old or older individual. 

Therefore, if your intimate partner or spouse is sixty-five years old or older, you could be prosecuted under PC 273.5 and PC 368 or either of the laws. 

PC 368 violation is considered a wobbler. If convicted of a felony, you will face up to four years in prison and a maximum of six thousand dollars in fines. These consequences are enhanced if the victim dies or suffers significant bodily injury, especially if they are seventy years old or older. If convicted of a misdemeanor, you will face six months in jail and one thousand dollars in fines. 

Disturbing the Peace Under PC 415

Per PC 415, it is a criminal offense to: 

  • Fight another person in public 
  • Direct any provocative words toward someone else in public
  • Make unreasonable noise to disturb other people

Prosecutors are frequently willing to lower a domestic violence charge to a PC 415 violation as part of a plea deal. This can be a good outcome for a corporal injury to a spouse defendant because: 

  • PC 415 violation is deemed a low-level misdemeanor crime or, in particular cases, an infraction. 
  • A conviction under PC 415 does not come with the immigration consequences, penalties, or stigma that a domestic violence-related conviction carries. 

A conviction of PC 415 violation carries a punishment of ninety days in county jail and up to four hundred dollars in fines. 

Domestic Battery Under PC 243(e)(1)

PC 243(e)(1), the domestic battery statute, criminalizes offensively or harmfully touching your intimate partner. Compared to corporal injury to a spouse, domestic battery is a less severe domestic violence crime. 

Unlike a PC 273.5 violation, for a domestic violence conviction to occur, the victim need not be harmed in any manner. And unlike PC 273.5 violation which is a wobbler, PC 243(e)(1) violation is considered a misdemeanor. With the absence of severe injury to the victim, domestic battery possible consequences include up to a year in jail and up to two thousand dollars in fines. Alternatively, the judge could grant you probation and require you to complete a batterer's treatment program plus comply with other conditions. Consequently, PC 243(e)(1) is usually a desirable plea bargain or charge reduction. 

Find a Competent Santa Ana Domestic Violence Defense Attorney Near Me

If you have been charged with corporal injury on a spouse or any other domestic violence-related crime, you should consult with an experienced domestic violence defense attorney as soon as possible. Remember that early intervention in your case by an experienced lawyer is key to the outcome of your case. At California Criminal Lawyer Group, our expert domestic violence defense lawyers are dedicated to protecting your freedom and legal rights. We know the best defense strategy to prevent your case from reaching the trial stage. We also boast courtroom negotiating skills and may be capable of persuading the prosecutor not to file formal charges against you. Call us today at 714-844-4151 to review the facts making up your case and discuss a defense strategy. We serve clients who have been charged with domestic violence crimes in Santa Ana, including corporal injury to a spouse.