Spousal abuse is any abusive conduct between individuals considered intimate partners. California law outlines penalties for spousal abuse. It also has a law regarding corporal injury on a spouse.
Corporal injury generally means willful or intentional infliction of an injury on someone that results in a traumatic condition in the victim. Examples of corporal injury include minor or serious wound or other injury to the body caused by physical force.
In California, Corporal injury on a spouse is defined as a traumatic condition that results from violent behavior on an intimate partner. An intimate partner is defined as a current or former:
The traumatic condition can be internal and not visible by the naked eye. The condition does not need to be serious so long as there is a wound or injury of some kind.
A prosecutor has to prove beyond a reasonable doubt the defendant:
If the charge is convicted as a misdemeanor, 364 days (less than 1 year) in jail, a fine up to $6,000, and/or probation. If it’s convicted as a felony, then it’s two to four years in prison, a fine of up to $6,000 and/or probation.
If you have prior convictions of domestic violence or assault/battery, then your punishment may be increased. You could face a fine of up to $10,000 and a prison sentence of up to 5 years.
If the corporal injury inflicted created “great bodily injury” on the victim, then you could face a possible strike under California’s Three Strikes Law.
Yes. Possible and common defenses include:
Yes. Talk to a criminal lawyer regarding the possible defenses you can use to fight this serious charge.
Last Modified: 05-20-2016 09:11 AM PDTLaw Library Disclaimer
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