Corporal Injury to Spouse Law and Defenses
What is corporal injury to spouse law? This law applies to physical abuse of the spouse, but its definition goes far beyond physical injury. A physical injury may include broken bones, severe pain, and the inability to walk or do normal activities. This article will explain what constitutes an injury under the law. It also explains the defenses to this charge. If you suspect that your spouse has been physically or mentally abused, you should contact a divorce attorney to learn your options.
Penal code SS 273.5(a)
If you’ve been accused of corporal injury to your spouse, you may be wondering whether to file a criminal complaint. The answer may depend on the circumstances of your case. Los Angeles prosecutors are no longer pursuing enhancements for PC 273.5, and defendants who were convicted of this crime won’t face an extra year in state prison. If you’ve been accused of committing a criminal offense, the Los Angeles District Attorney’s office is likely to file charges against you.
In California, the penalty for committing this crime is a misdemeanor or felony, depending on the nature of the physical injury. If the injury was not serious, however, you may still face charges of domestic battery. Penal code SS 273.5(a) for corporal injury to spouse requires an actual injury to the victim. However, this charge should only be brought against a person who has physically hurt their partner.
Punitive consequences
If you’ve committed corporal injury to your spouse, you may be facing serious legal consequences. Such an offense carries a minimum sentence of one year in county jail and a $6,000 fine. In severe cases, you could face a restraining order and two to four years in state prison. You may also receive a criminal protective order preventing you from contacting your spouse. However, it is essential to have legal representation if you’re accused of this crime.
The Ingraham dissent argues for more process. She points out that lawsuits are not effective until the punishment has been imposed, and physical pain cannot be undone. Therefore, it’s imperative for US courts to bring their jurisprudence up to international standards and protect children from all forms of corporal punishment. This is particularly true when it comes to physical harm, such as whipping or strangling.
Defenses
If you or your partner has been accused of corporal injury to your spouse, you need to know the defenses available to you. You should remember that corporal injury to a spouse can be a felony if the injuries were noticeable and life-threatening. One example of a common defense for corporal injury to a spouse is if your husband has been drinking too much and returns home late at night. Then, he becomes enraged when he sees his wife unhappy with his behavior. He then grabs her neck and chokes her, leaving deep bruises on her neck.
If the injuries are minor, the case will be handled as a misdemeanor, but if the injuries are severe, it will probably be a felony. Corporal injury to your spouse is a wobbler crime, but it doesn’t have to be. If you’ve had prior convictions for domestic violence, you may face additional penalties. Contact a skilled Los Angeles criminal attorney today to protect your rights.
Legal definition
There is no specific legal definition for corporal injury, but it involves the infliction of physical force on another person. This type of injury is often very minor or nonexistent, but the court is still going to consider it. Traumatic conditions include broken bones, sprains, and concussions. In addition, the injury must be a result of direct physical force. And, even if the wound is not life-threatening, it still constitutes corporal injury to a spouse.
The legal definition of corporal injury to a spouse refers to any intentional physical force on another person. Inflicting this type of injury on a spouse requires that the alleged aggressor “acted with intent.” This doesn’t necessarily mean he consciously intended to hurt his former partner. For instance, he may not have intended to injure Jane’s hand, but he could still be found guilty of corporal injury.
Common defenses
Depending on the severity of the physical damage, a California court may charge you with a misdemeanor or felony for corporal injury to a spouse. Whether a charge will be filed against you will depend on the facts of your case and your previous criminal history. If the injuries to the victim are severe and you have a history of domestic violence, you will most likely be charged with a felony.
Another defense is an accident. It is possible that your partner was simply unconscious at the time of the alleged assault or injury. The court may find this as a defense, if you merely acted out of a state of intoxication. A spouse who was unconscious at the time of the incident may also argue that he or she was merely defending himself. Regardless of the circumstances of the case, a good defense will not be difficult to mount.
