Corporal Injury to a Spouse
Have you been charged with the crime of corporal injury to a spouse? Did you know that you could be charged with a misdemeanor or a felony and that it is up to the prosecuting attorney to decide? That’s because corporal injury to a spouse falls under the auspices of California’s wobbler law, which allows the prosecution to decide how to charge you based on such factors as the circumstances of the case and your criminal history.
The difference between a misdemeanor and a felony conviction< are immense. For a misdemeanor, the maximum sentence is one year, with time served in a country jail. However, a felony conviction will land you in a state prison for no less than two years and, in some cases, as many as four!
For this reason, you simply cannot afford not to seek the advice of an experienced Los Angeles criminal defense attorney. The Law Offices of Jonathan I. Kelman practice exclusively in California criminal defense, including corporal injury to a spouse. As a result, attorney Kelman has an unmatchable understanding of the California criminal proceedings – so much so that he is regularly asked to comment on top cases for leading news programs.
What Exactly is Corporal Injury to a Spouse?
The easy part of understanding the crime of corporal injury to a spouse is that the act must be committed against your spouse. The grey area, however, is in the elements of the crime. According to California Penal Code 273.5, one can be convicted of the crime of corporal injury to a spouse when one:
- Willfully inflicts a physical injury to one’s spouse, and
- As a result of the injury, causes that person a traumatic condition
A common example of a corporal injury to a spouse act is when a husband squeezes his wife’s arm hard enough to leave bruises or a wife pushes her husband into a counter, causing a concussion.
It is important to note that although corporal injury to a spouse is a distinct crime according to the California penal code, it is often referred to as domestic violence, domestic abuse, willful infliction of corporal injury and spousal abuse. However, this charge is distinct from a domestic battery charge in that it requires the victim to suffer some form of a concrete physical injury. Because of this distinction, a corporal injury to a spouse charge is considered more serious than a domestic battery charge.
Los Angeles Spousal Abuse Penalties
A corporal injury to a spouse charge falls under the jurisdiction of California’s "wobbler law". This means that the prosecution has the choice of charging you with either a misdemeanor or a felony corporal injury to a spouse act. The decision between being charged with a misdemeanor or a felony will depend on the individual circumstances of the case (i.e., how serious the injuries are) and your criminal history.
A misdemeanor conviction will result in a penalty of up to one year in a county jail and/or a maximum fine of $6,000.00. A felony corporal injury to a spouse conviction will result in a minimum of two years and a maximum of four years in a California state prison.
California Corporal Injury Defense Attorneys
In order to properly defend against your Los Angeles corporal injury to a spouse charge and to protect your reputation, career and family, you need to seek the advice of an experienced criminal defense attorney. The Law Offices of Jonathan I. Kelman specializes in defending California corporal injury to a spouse charges. If you or a loved one is facing a criminal charge, seek the support of an attorney practicing only in criminal defense.
Remember, when your future is on the line, call the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.