California Corporal Injury To Spouse Lawyer – Penal Code 273.5
Are You Being Falsely Accused Of Inflicting Corporal Injury On A Spouse?
In California, the crime of inflicting corporal injury on a spouse or cohabitant is punished severely. If you are convicted, you face up to four years in prison and fines of $6,000.
How you will be punished if you are convicted of corporal injury depends upon several factors.
If you or a loved one is being charged, reach out to a California domestic violence lawyer at My Rights Law by calling (888) 702-8882 or contacting us through our secure web form to learn about the crime of inflicting corporal injury on a spouse or cohabitant and how it is punished in California. We’ll help you examine how to proceed in this type of domestic violence case.
Corporal Injury On A Spouse In California Is A “Wobbler” Crime
According to California law, the crime of inflicting corporal injury on a spouse or cohabitant is a “wobbler” offense. This means the crime can be charged as a misdemeanor or a felony, depending upon the circumstances of your claim.
When deciding how you should be charged, there are many elements that prosecutors will consider under Penal Code 273.5.
These elements include:
The specific facts of your case
The severity of the injuries suffered by the victim, and
Your prior criminal history (if any)
You should speak to an experienced spousal abuse lawyer at My Rights Law immediately if you have been accused of inflicting corporal injury on a spouse or cohabitant. If you employ our law firm before charges are filed, our attorneys will take an aggressive approach to your case. By battling for you before charges are filed, we may be able to get the charges dropped or convince prosecutors to file misdemeanor charges instead of felony charges.
What Are The Consequences For Misdemeanor Corporal Injury On A Spouse?
A corporal injury conviction may also result in other forms of punishment, including but not limited to:
Restraining Order: A restraining order will likely forbid you from contacting the victim or their family for up to ten years.
Community service and counseling: Under California law, you must finish a 52-week batterer’s program if you are convicted of inflicting corporal injury on your spouse.
Restitution: You may have to provide payment for the victim’s counseling or other expenses.
What Are The Punishments For Felony Corporal Injury On A Spouse?
Felony corporal injury on a spouse or cohabitant is punished harshly. If you are convicted of felony spousal abuse, you face two, three, or four years in state prison and fines of up to $6,000. You could be sentenced to up to five years in prison for inflicting corporal injury on a spouse if you have a previous conviction for domestic battery, sexual battery, or another form of aggravated assault on your record. Further, your sentence could be extended if the victim suffered a serious injury. You could face three, four, or five years in prison if you caused “great bodily harm” to the victim.
Court Options For Felony Corporal Injury On A Spouse Sentencing
If you are convicted of a felony for inflicting corporal injury on a spouse, the court has a few prospects for sentencing you. The court can do the following:
Sentence you to two, three, or four years in prison
Sentence you to a period in county jail for up to 364 days and order you to be placed on probation upon release, OR
Impose no jail sentence and put you on probation immediately
How you will be sentenced hinges upon the exact circumstances of your case and how the California Rules of Court apply to your case.
If you hire our experienced domestic violence attorneys to represent you, we will battle aggressively for you so that you get the best possible outcome in your case.
Frequently Asked Questions
Understanding the complexity of a trial and sentencing may be difficult. The skilled attorneys at My Rights Law have successfully defended many clients over the years. Here are a few questions you may be wondering concerning sentencing and probation.
How Is Probation Different?
Probation allows an individual to be convicted without serving jail time. Instead, they are required to comply with certain conditions and limitations, such as:
Restitution to the Victim
Random Check-Ins by the probation officer
Probation may benefit you because you can still live in your home and continue with life as long as you follow the conditions of your probation. However, failing to comply with all the requirements for your probation may result in a maximum sentence.
How Long Is Probation
The length of probation depends on whether the conviction is a misdemeanor or a felony. A misdemeanor may result in up to three years of probation. In comparison, a felony may result in up to five years of probation. A felony conviction generally requires at least one year in jail prior to receiving probation.
What If Probation Conditions Are Broken?
There are several common ways in which probation is broken, including but not limited to:
Failing to finish your required educational or reform programs.
Failing to pay the required fines.
Failing to report to your probation officer.
Breaking a protective order.
Committing additional crimes after probation begins.
If you violate the conditions of your probation, you may be subject to a probation violation hearing. During a probation violation hearing, the court may revoke your probation, and the sentencing may be for the maximum. However, the probationary period may count toward the sentencing period.
Experienced Domestic Violence Attorney
Domestic violence cases involving the crime of corporal injury on a spouse or cohabitant can be charged as either a misdemeanor or a felony, making it critically important to have a domestic violence attorney.
With a misdemeanor, you could be sentenced to up to one year in a county jail under domestic violence laws. Felony domestic violence charges are much worse, because if convicted, you could face years behind bars in state prison and have to pay large fines. Also, keep in mind that the penalties for domestic abuse increase if the defendant has already been convicted of another domestic violence charge. Not only that, but there are collateral consequences that may apply (e.g., loss of child custody). It is critical to have a criminal defense attorney on your side in these cases for this reason.
If charged with corporal injury on a spouse or cohabitant or another domestic abuse crime, contact a criminal defense lawyer at My Rights Law for a free consultation.
Call My Rights Law California Corporal Injury To Spouse Or Cohabitant Defense Lawyer Today
The corporal injury on a spouse attorneys here at My Rights Law can help you avoid a domestic violence conviction. If you or someone you know is facing corporal injury on a spouse charges, consider speaking to an experienced and knowledgeable attorney. We understand the laws and sentencing surrounding the crime of inflicting corporal injury on a spouse.
Contact a knowledgeable domestic violence lawyer for a free, confidential consultation by calling My Rights Law at (888) 702-8882 or submitting our secure form. Do not hesitate. Take the first steps towards resolving your legal issues today.