Corporal Injury to a Spouse or Cohabitant Charges in Vista

When domestic violence results in injury, it can be charged as corporal injury to a spouse or cohabitant, filed under California Penal Code 273.5 (PC). This crime is one of the most commonly charged domestic violence offenses in San Diego County. If you have been accused of corporal injury to a spouse in San Diego, please call Vista defense attorney Peter M. Liss.

What Is Corporal Injury to a Spouse in California?

When someone inflicts any type of physical injury, however minor, on an intimate partner, they can be charged with corporal injury to a spouse or cohabitant. These acts could include:

• Kicking
• Punching
• Slapping
• Throwing an object at someone
• Injuring someone through physical restraint

This charge differs from battery in that these violent actions are taken by a romantic or sexual partner, such as a:

• Spouse
• Fiance
• Boyfriend or girlfriend
• Ex
• Co-parent of your child

Is 273.5 (PC) a Felony or Misdemeanor?

Corporal injury of a spouse or cohabitant is a wobbler offense, meaning it is punishable as either a misdemeanor or a felony, depending on the circumstances.

What are the Penalties for Domestic Violence With Injury in California?

As a misdemeanor, corporal injury to a spouse is punishable by up to one year in jail, while the crime can carry a four-year prison sentence if charged as a felony. Additionally, anyone accused of this crime will need to pay fines and victim restitution payments and be required to attend a batterer’s intervention program. Some people may also be sentenced to probation, anger management classes, community service, or drug/alcohol treatment programs.

“When the victim suffers great bodily injury, a felony conviction for corporal injury to a spouse can also result in a strike being added to your criminal record,” explains lawyer Peter Liss.

How to Fight a Corporal Injury to a Spouse Charge

You can beat corporal injury to a spouse allegations in California, but only with the help of a skilled defense attorney. Here are some of the best ways to fight these allegations:

• Challenging a lack of evidence
• Arguing the victim made false allegations against you
• Agreeing that you injured the victim —but only in self-defense
• Claiming you were not in a relationship with the victim

“While these defenses can be effective in these charges, each situation is unique,” warns Mr. Liss. “Attempting the wrong defense could actually harm your case.” For example, if you claim self-defense, but witnesses state the victim never made any threats or attempts to harm you, this could be seen as a confession instead.

Note that some defenses may help you avoid a corporal injury to a spouse conviction, but still leave you subject to other charges. For example, if you could not be convicted of corporal injury because you were not in a relationship with the victim, you could still be charged with battery.

Plea Bargains Can Help Minimize the Penalties

In some cases, you may not be able to fight the charges entirely, but your lawyer can negotiate for reduced charges or penalties through a plea bargain. It is common for defense attorneys to get these charges lowered to traditional battery, which is only punishable by up to six months in jail, or domestic battery, which has a maximum penalty of one year in jail.

Corporal Injury to a Spouse vs. Domestic Battery: What’s the Difference?

A common question people have about domestic violence allegations is how the two most common charges differ from one another. Essentially, corporal injury to a spouse, filed as 273.5 (PC), is a more serious offense than domestic battery, filed as 243(e)(1) (PC), because it can be applied whenever someone is injured, even minorly.

Corporal injury to a spouse is a wobbler that can be a misdemeanor or felony, while domestic battery can only be filed as a misdemeanor. As a result, domestic battery is punishable by no more than one year in jail, while corporal injury to a spouse is punishable by one year when charged as a misdemeanor, or up to four years in prison when filed as a felony.

Related Offenses

Domestic violence charges include a number of criminal offenses aside from corporal injury to a spouse and domestic battery. Those arrested for these crimes may also be charged with:

• Making criminal threats
• Stalking
• Violating a restraining order
• Domestic violence vandalism
• Making threatening phone calls

If you face multiple offenses, your attorney may be able to get some of the charges dropped so you face far fewer penalties.

Frequently Asked Questions

Can Corporal Injury to a Spouse Charges be Dropped?

In some cases, these charges may be dropped. The reality is that police often make a snap judgment about who to arrest during domestic violence well checks. Once the evidence is processed, it can sometimes become obvious that the accuser was lying or that the suspect was acting in self-defense. A defense attorney is critical in helping to get the charges dropped.

Can I Be Deported for a Corporal Injury to a Spouse Conviction?

Yes, this offense is considered a crime of moral turpitude and may also be an aggravated felony. As a result, it can result in deportation for non-citizens.

Do I Have to go to Jail for 273.5 (PC)?

No, probation and alternate sentencing may be an option in some cases. However, most offenders in San Diego will be sentenced to at least some time in jail. A lawyer can be essential in helping minimize the time you’re required to spend behind bars.

What if the Victim Doesn’t Want to Press Charges?

These charges can still be filed against the victim’s wishes. Even if the victim recants their statements and refuses to testify, you can still be convicted.

If you’ve been accused of corporal injury to a spouse in San Diego County, call Vista lawyer Peter Liss as soon as possible. Protect your freedom and your reputation by scheduling a free consultation with Mr. Liss by calling (760) 643-4050.