Any domestic violence charge can have a long-term impact on your future. From prison, to fines, to a loss of respect from your family and peers, simply being charged with causing corporal injury is enough to injure you.
If you find yourself being charged with any domestic violence charge, whether as a misunderstanding or salacious rumor, you need to contact an experienced defense attorney immediately.
Corporal Injury to a Spouse or Cohabitant Defense Attorney in San Diego
If you have been charged with corporal injury to a cohabitant, you need representation immediately. Being accused of causing corporal injury means that law enforcement will view you with increased scrutiny, and are unlikely to believe you, even when you tell the truth.
Attorney Michael Cindrich has decades of experience protecting clients in criminal court. If you have been charged with a domestic violence crime, including corporal injury, you need to contact his office immediately. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, El Cajon, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.
Overview of Corporal Injury to a Spouse or Cohabitant in California
- Battery vs. Corporal Injury
- Penalties
- Defenses
- Additional Resources
- Hire a Defense Attorney for Corporal Injury in San Diego
Battery vs. Corporal Injury under California Law
Battery against a spouse, cohabitant, or a significant other (i.e., fiancé, fiancée, former spouse, or a person with whom “the defendant currently has, or has previously had, a dating or engagement relationship”) is a commonly prosecuted crime. It is defined under California, Penal Code 243(e)(1), a subsection of Penal Code 273.5.
Even if there is no physical damage between the defendant and the cohabitant that can cause pain or injury, as long as the physical interaction/touching is conducted in an aggressive or harmful manner, it is considered battery.
On the other hand, corporal injury refers explicitly to contact which results in injury to the partner’s body.
Corporal Injury
Both battery and corporal injury can have severe legal consequences. If found guilty of corporal injury on a spouse, cohabitant, or fellow parent can harsh effects in current and future relationships; this act is stigmatized by society as immoral.
In corporal injury cases, the term “adult cohabitant” is often used to classify the nature of the domestic relationship. Domestic violence within the meaning of this statute includes abuse committed against an adult cohabitant. (Pen. Code, § 13700, subd. (b); Evid. Code, § 1109, subd. (d)(3).)
A violation of Penal Code section 273.5 occurs when a person “willfully inflicts corporal injury resulting in a traumatic condition” upon the offender’s “cohabitant or former cohabitant.” (Pen. Code, § 273.5, subds. (a), (b)(2).) The statute is intended to allow law enforcement to expeditiously intervene in domestic disputes.
The statute defines “traumatic condition” broadly as “a condition of the body, such as a wound, or external or internal injury … whether of a minor or serious nature, caused by a physical force.” (Pen. Code, § 273.5, subd. (d), italics added.)
A defendant who inflicts only minor injury, such as a bruise, may violate Penal Code section 273.5. However, one who inflicts only “de minimis harm” does not. Id.
Penal Code section 273.5 is a general intent crime that includes both simple assault and misdemeanor battery. The injury resulting in a traumatic condition is what differentiates Penal Code section 273.5 from the lesser offenses.”
Penalties
The penalties for a corporal injury conviction very based on the amount of damage inflicted, and to whom. Certain factors may aggravate, or increase the severity, of the crime, including prior convictions and whether the victim was pregnant.
Per Penal Code section 273.5, corporal injury to a spouse of cohabitant results in:
- Imprisonment in a state prison for 2, 3, or 4 years; or
- Imprisonment in a county jail for no less than 1 year; and/or
- A fine of up to $6,000.
A prior conviction results increases the fine to up to $10,000.
In addition to the above penalties, violating Penal Code section 273.5 can result in:
- Losing the right to own a firearm
- Probability of losing professional licenses
- Probability of a restraining order
- Being required to complete a Batterer’s intervention program (52-week domestic violence intervention counseling program)
There are many offenses of abuse under the California Penal Code that can be charged with or instead of Penal Code 273.5.
Immigration
For many immigrant cases, being charged with corporal injury or domestic violence can negatively impact your future eligibility status or result in deportation. Under Federal Immigration Law, being convicted of corporal injury (Pen. Code, § 273.5) is considered a “crime of violence” and “aggravated felony.” Also, for many professionals, being charged with corporal injury or domestic violence is viewed as a crime of moral turpitude that can cause the person to lose their license.
Common Defenses
Recantation
In many cases, the alleged victim recants their statement or does not want to press charges. However, denying the report that was made to the police does not mean that this is a defense to the crime. Many attorneys are aware that domestic violence survivors can be hostile, minimize the violence, or deny their statements; thus, they are persistent in following through with charges against the defendant
Dismissing Charges
As stated above, although the survivor might change his/her mind concerning the incident, the prosecutor will continue to pursue charges against the defendant. Therefore, your attorney must prove to law enforcement that the case has no merits.
Additional Resources
California Legislative Information – Follow the link for detailed information regarding Penal Code section 273.5 and the consequences if found guilty. The website also explains who is considered to be the intimate partner and the ramifications for the person convicted if they violate any section of the Penal Code 273.5. You can also learn more about probation if found guilty, and your rights if a peace officer makes an arrest due to violation of this section.
A Street Intervention – Visit the Psychological Services for Families website to find the service directory. Many services are provided, including “A Street Intervention” program, which is the 52-week Batterer’s program that is required if found guilty of domestic violence. Furthermore, the website provides information on other services, such as child abuse intervention programs.
Key Immigration Consequences of Selected California Offenses – The document is provided by the Immigration Legal Resource Center. It gives detailed information regarding offenses and if they are considered aggravated felony, a crime of violence, or crime involving moral turpitude. View the document for more details on other crimes, including controlled substance offense, the conviction of a crime of domestic violence, firearm offenses, etc. and how it can impact your immigration status. Moreover, the document depicts a chart with offenses that “might be dangerous and towards those that are safer.”
Hire a Defense Attorney for Corporal Injury in San Diego
Corporal injury, domestic battery, intimate partner, and domestic violence can have negative consequences legally and in your personal life. In some cases, for professionals with licenses and immigrants, it is seen as a crime involving moral turpitude. In another way, in some situations, this act can be defined as a “crime of violence.”
The experienced defense attorneys at The Law Offices of Michael E. Cindrich are ready to begin building your defense. Attorney Michael Cindrich has decades of experience protecting people’s rights. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.