Corporal Injury in California
Unfortunately, there are far too many cases of domestic violence around the world. In California, the penal code has provisions to ensure that victims of these crimes can seek justice in the criminal justice system. Domestic violence can be referred to by many names, including corporal injury. This article will provide a brief overview of the penal code regarding a corporal injury. If you or someone you know is a victim of said violence, report it to the police and ensure your rights are appropriately upheld with the aid of an experienced lawyer.
What is Corporal Injury?
Specifically, California Penal Code 273.5 PC deals with corporal injury on a spouse or cohabitant. There are three main aspects to this law. The perpetrator must have willfully caused a physical injury on a spouse/cohabitant, which resulted in a traumatic condition. The spouse or cohabitant includes persons like current and former spouse, domestic partner, fiancé, romantic partner, parent, and cohabitant.
The law states that the injury must have resulted in a traumatic condition, but this does not mean the injury has to be severe. Any injury counts, as long as it results in a wound or bodily injury. However, the prosecutor must prove that the perpetrator’s physical actions directly resulted in the condition.
The Punishments for Corporal Injury
It is often remarked that many people do not report cases of corporal injury, for various reasons. However, anyone that has experienced domestic violence should report it. If the defendant is found guilty of this crime, they face either a misdemeanor of a felony conviction. The classification will depend on the prosecutor and is relied upon the factors of the case. A misdemeanor will result in spending up to a year in county jail, while a felony can require up to four years in state prison.