Corporal Injury on a Spouse
Domestic abuse can occur physically, emotionally, and/or verbally. In the California criminal justice system, domestic abuse has been penalized in a variety of ways. If you or someone you know is in immediate danger, call 911. If you require legal help, make sure to reach out to an experienced criminal attorney. This article will provide an overview of corporal injury, but it is not an extensive look at the crime. Anyone who has questions or concerns is encouraged to reach out.
Elements of the Crime
According to California Penal Code 273.5, corporal injury against a spouse is illegal (it also applies to cohabitants of the defendant). The law states that the willful act of corporal injury upon a spouse that results in a traumatic condition is a crime. Therefore, the prosecution has to prove several elements. Most importantly, there must have been an intent to commit the injury. Furthermore, the defendant must have committed the injury in a physical manner. The resulting traumatic injury does not mean major in terms of damage, but rather that the injury was as a direct result of the defendant’s actions.
Punishment for the Crime
If the defendant is found guilty of the crime, they can either be facing a misdemeanor or felony conviction. The decision rests with the prosecutor, as they will decide based on the context of the crime. Regardless of whether it is a misdemeanor or a felony, the penalties are severe. In the case of a misdemeanor, the defendant faces up to a year in jail, whereas a felony could result in up to four years in prison. As mentioned above, if you have any questions about domestic abuse or the legal process, please feel free to reach out to our experienced attorneys.