Under California law, if someone is accused of inflicting physical harm on a spouse or another person in a close relationship, they can be charged with corporal injury to a spouse.

These charges are serious and can have life-altering consequences. Prosecutors aggressively pursue these cases, often based on limited evidence, making it essential to understand the law, the penalties, and potential defenses.

If you or someone you know is facing charges for this offense, knowledge is power. This guide explains the elements of corporal injury to a spouse, the penalties involved and the defenses that may apply.

Call Today – 800-834-6434

Definition of ‘Corporal injury to a spouse’ – California Penal Code §273.5

Corporal injury to a spouse occurs when someone willfully inflicts physical harm that results in a traumatic condition upon certain individuals. These individuals can include:

A current or former spouse,
A cohabitant,
A fiancé(e),
A current or former dating partner, or
The parent of the accused’s child.

The law focuses on intentional physical harm that leaves visible or internal injuries, even if those injuries are minor.

Elements of the crime

To secure a conviction, prosecutors must prove the following elements beyond a reasonable doubt:

Willful Infliction of Physical Force – The accused must have acted intentionally. This doesn’t mean they intended to cause harm, but they intended to use physical force that led to the injury. Accidental injuries do not meet this standard.
Resulting in a Traumatic Condition – A traumatic condition is defined as a physical injury, whether minor or serious, caused by the force. This could include bruises, cuts, broken bones or internal injuries. Emotional distress or psychological harm alone does not qualify.
Qualified Relationship – The alleged victim must fall into one of the specific categories listed under the law. Casual acquaintances or strangers are not covered under Penal Code § 273.5.

What does “Willfully” mean?

The term “willfully” means the act was deliberate or intentional. It does not require proof of malice or an intent to injure.

Examples of ‘Corporal injury to a spouse’

A person strikes their spouse during an argument, leaving a bruise.
A cohabitant pushes their partner, causing them to fall and sustain a sprain.
A dating partner throws an object at the victim, resulting in a cut or fracture.

Penalties for ‘Corporal injury to a spouse’

Corporal injury to a spouse is a wobbler offense in California, meaning it can be charged as a misdemeanor or a felony depending on the circumstances, such as the severity of the injury and the defendant’s criminal history.

Misdemeanor penalties

If charged as a misdemeanor, penalties can include:

Up to 1 year in county jail,
Fines of up to $6,000, and
Completion of a 52-week domestic violence treatment program.

Felony penalties

If charged as a felony, potential penalties increase significantly:

2, 3, or 4 years in state prison,
A fine of up to $6,000, and
Formal probation with conditions, including mandatory counseling.

Aggravating factors that may enhance sentences

Prior Convictions – A prior conviction for domestic violence within 7 years increases the potential fines to $10,000 and can add 5 years to a prison sentence.
Serious Bodily Injury – If the victim suffers severe injuries, prosecutors may seek a harsher penalty or additional charges, such as great bodily injury enhancements under Penal Code § 12022.7.

Additional consequences

Restraining Orders – Courts often issue restraining orders to protect the victim, barring contact with the accused.
Loss of Gun Rights – A conviction results in a lifetime ban on owning firearms for felonies or a 10-year ban for misdemeanors.
Immigration Consequences – Corporal injury to a spouse is a deportable offense for non-citizens.

Defenses against ‘Corporal injury to a spouse’ charges

A skilled defense attorney can use various strategies to fight these charges. The best defense depends on the facts of the case.

False Accusations – Domestic disputes can escalate, leading to false or exaggerated accusations. A defense attorney can challenge the credibility of the accuser and expose inconsistencies in their statements.
Lack of Evidence – The prosecution must prove every element of the crime beyond a reasonable doubt. If there is insufficient evidence of injury or intent, the charges may not stand.
Self-Defense or Defense of Others – If the accused acted to protect themselves or someone else from imminent harm, this is a strong defense. However, the force used must be proportional to the perceived threat.
No Traumatic Condition – If the alleged injury does not meet the legal definition of a traumatic condition (e.g., it’s purely emotional harm or an unintentional injury), the charge cannot be sustained.
Accident – If the injury occurred accidentally and without intent, the defendant cannot be convicted of willfully causing harm.
Consent – While rare, if the alleged victim consented to an act (e.g., a consensual fight or physical contact), this may be a defense. However, consent is not a defense to serious injury.

Need legal help?

Facing charges of corporal injury to a spouse can feel overwhelming, but you don’t have to face it alone. The Helfend Law Group has over 40 years of experience defending clients against domestic violence charges.

Attorney Robert M. Helfend is known for his tenacity, skill, and proven track record in achieving favorable outcomes for his clients.

Call today at 800-834-6434 for your free case review.

Published November 25, 2024.