Domestic violence-related convictions usually carry severe penalties. You could lose custody of your child or children or the ability to visit them at your partner's. You could also be subject to prison or jail time, probation, or hefty fines, based on the severity and nature of your charges. If accused of domestic violence, it could be because you caused corporal injury to your spouse. But what exactly does "causing corporal injury to a spouse" mean? We explain this in this blog.
What It Means to Cause Corporal Injury to a Spouse
A "corporal injury refers to a physical or bodily wound inflicted by force, which leads to a traumatic condition. It generally means a verifiable or visible injury, whether severe or slight. The quantity of force used does not count. Additionally, whether the force was caused using a gun or any other weapon is immaterial. All that counts is the force that caused a traumatic condition on the victim’s body.
Therefore, causing corporal injury to a spouse means inflicting a bodily injury on an ex- or current intimate partner, and that injury leads to a traumatic condition.
Corporal injury examples include:
- Internal bleeding
- Concussions
- A laceration or cut
- Bruises
- A strained muscle or ligament sprain
- A bullet would
- A broken bone
- A body scratch
- Swelling
- A broken nose
- Injuries resulting from strangulation or suffocation
The following does not constitute a corporal injury
- Physical contact not resulting in any internal physical injuries or leave a mark
- Financial losses
- Property damage
- Emotional distress
- Post-traumatic stress due to the violence
Causing corporal injury to a spouse is a type of domestic violence crime in California, described under PC 273.5. The crime is also called domestic abuse, domestic violence, or spousal abuse, depending on who files the charges. The D.A. must provide irrefutable evidence that you acted willfully to hold you criminally liable for this crime. "Willfully" means you acted intentionally. You need not have meant to violate the law to be considered to have acted willfully.
The D.A. must also prove that you caused the victim to sustain a traumatic condition. A traumatic condition is any bodily harm inflicted through the direct use of physical force. The condition need not be severe. Any minor injury or wound suffices.
Lastly, the party that suffered the corporal injury must be an intimate partner, not just anyone else, to be convicted under PC 273.5. Your intimate partner can be an ex- or current spouse, fiance(e), cohabitant, registered domestic partner, child’s mother or father, or someone you are seriously dating or seriously dated in the past. Put otherwise, you should have or have had intimate relations with the hurt party.
Corporal Injury Vs. Domestic Battery
Although there are some similarities between a domestic battery and corporal injury upon a spouse, these charges differ in various ways, which could affect the way defendants are tried.
Domestic battery is also called spousal battery. It is described under PC 243e1 as willfully touching an intimate partner in an offensive or harmful way. Unlike cases of corporal injury, the domestic battery offense does not necessitate the victim being hurt in any way. All that matters is that the defendant made physical contact, regardless of how slight. For example, you can be charged with a domestic battery offense if you touch your partner's skin, clothing, or an item in their hands, like a bag or purse.
Another difference is that while both crimes involve domestic violence, corporal injury upon an intimate partner is considered a wobbler. A wobbler is a crime the D.A. can charge as a felony or misdemeanor based on the case facts and the accused's criminal history. On the other hand, a spousal battery violation is a straight misdemeanor. This means the D.A. can only prosecute it as a misdemeanor, not a felony.
You are likely to face charges of felony corporal injury to a spouse if the injury you inflicted on the victim is severe and you have previously been charged with domestic violence or any other aggressive conduct.
If charged with inflicting corporal injury on a spouse as a misdemeanor, you will be subject to a maximum fine of six thousand dollars, 12 months of a jail sentence, and summary probation. A felony conviction, which is much more severe, is punishable by a state prison sentence of two, three, or four years, a maximum fine of six thousand dollars, and felony probation. A conviction for a domestic battery crime could subject you to a fine of not more than two thousand dollars and a maximum of 12 months in jail.
Irrespective of the type of domestic violence crime you are accused of, the penalties are real and can be devastating. You need to contact a knowledgeable domestic violence criminal defense attorney who can fight to protect your legal rights and aggressively defend the charges against you.
What Else Could Happen If You Cause Corporal Injury to a Spouse?
Apart from the standard penalties mentioned above, you can face further consequences if you cause corporal injury to your spouse and certain factors apply to your case. For example, you may face more severe penalties if your past conviction was within the past seven years and it was for:
- 243(e) PC, battery upon a spouse
- 4 PC, sexual battery
- 245 PC, assault using a deadly weapon
- 5 PC, corporal injury upon a spouse
- 244 PC, battery/assault using caustic chemicals
- 243(d) PC, battery/assault resulting in severe bodily injury
- 5 PC, assaulting someone using a stun gun
If the past sentence is for battery on a spouse, your felony penalties will increase to up to four years in prison and a maximum fine of ten thousand dollars. And if the past sentence is for the other crimes listed above (apart from battery upon a spouse), your felony penalties may increase to two, four, or five years in prison and a maximum fine of ten thousand dollars.
If you severely injured the victim, you could face a significant bodily injury sentence enhancement per 12022.7 PC. This sentence enhancement will subject you to an additional, consecutive prison term of five, four, or three years.
And if your actions made the victim suffer significant bodily harm, the crime would be considered a strike and a serious felony. If found criminally liable for a serious felony and prosecuted for another felony later, it is deemed a second strike. In this case, your penalty period will be twice as long as the sentence otherwise required under the law. Two strike offenses on your record and a subsequent conviction of any felony can result in a prison term of between 25 years and life.
Probation Sentence for Causing Corporal Injury to a Spouse
Sometimes, a judge can suspend a defendant's prison or jail sentence and grant them a probation term. In California, there are two types of probation based on the nature of the charge—felony or misdemeanor. The two types of probation are felony and summary probation.
Summary probation is informal, or misdemeanor probation and generally lasts between 12 and 36 months. Felony probation, also called formal probation, usually lasts longer (between three and five years). It could also include serving a maximum of 12 months in jail. The only cases where formal probation is generally granted are when it is the defendant's first offense or substantial mitigating factors exist.
If sentenced to felony or misdemeanor probation for causing corporal injury to a spouse, the judge will require you to adhere to particular conditions, including:
- Serve at least fifteen days in jail if you were previously convicted in the last seven years for a crime involving domestic violence or assault or sixty days if you have two or several of these priors
- Adhering to a protective or restraining order that prohibits you from contacting the victim in question for a maximum of ten years
- Not breaking any laws
- Doing community service
- Paying restitution to the victim to compensate them for their counseling and other relevant costs
- Paying a maximum of five thousand dollars to a battered women's shelter
If you violate any probation conditions, the judge schedules a hearing. And if the prosecutor proves your violation during this hearing, the judge may revoke your probation and then impose the maximum prison or jail sentence for causing corporal injury to a spouse or impose newer (usually harsher) conditions.
You May Also Face Immigration Consequences
Causing corporal injury to a spouse is a domestic violence offense under immigration laws. Consequently, it is deemed a deportable violation. In some instances, the offense also qualifies as an aggravated felony or a crime of moral turpitude. These two categories of crimes are inadmissible violations. Being sentenced for an inadmissible offense can subject you to the following consequences:
- You cannot apply to adjust your status (changing to legal from illegal immigration status) or for a green card.
- No chance of becoming a United States citizen.
- Denial of the right to reenter the U.S after leaving.
Los Angeles County Prosecutors Do Not Impose Sentence Enhancements
As of December 8, 2020, LA County Prosecutors no longer pursue sentence enhancement for anyone accused of causing corporal injury to a spouse. Therefore, if you are charged with breaking your intimate partner's arm in LA, the D.A. cannot seek the significant bodily injury sentence enhancement under 12022.7 PC. Put otherwise, inflicting a bruise on an intimate partner is charged similarly to inflicting a severe injury.
Because LA County prosecutors no longer pursue the significant bodily injury sentence enhancement, you will not be subject to the enhanced consequences of an additional five, four, or three years in prison.
How You Can Defend Yourself
If accused of causing corporal injury to a spouse, it does not mean you are going straight to jail. A skilled lawyer can help you successfully fight your charges. Defense attorneys have various strategies they can apply to have the judge reduce or even dismiss charges of corporal injury to a spouse. Whereas not two cases are the same, there are common defenses that cut across all corporal injury cases.
One of the defenses you can argue based on your case is self-defense or the defense of another. This defense is most effective if you had reason to believe that you or another individual was in immediate danger of sustaining a physical injury and believed you needed to use force to stop the danger. Additionally, the force you had to use should not be more than you reasonably required to prevent the danger.
Another valid defense you can argue is that you did not act intentionally. You can only be guilty of causing corporal injury to a spouse if you purposely hurt the victim. That means accidental harm, whether or not it occurred during an argument, does not suffice. In this case, the judge may convict you of a less severe crime, like domestic battery.
You can also argue the false accusation defense. Police officers in California take domestic violence allegations seriously. Consequently, people are frequently falsely arrested based on wrongful accusations. The allegations could arise from jealousy, anger, or the need for revenge. Your lawyer can assist you in fighting wrongful accusations by interviewing the victim or subpoenaing their text messages, emails, or social media accounts. They can also conduct a comprehensive background check on the victim and interview their friends, colleagues, online contacts, family, and witnesses.
A detailed investigation often reveals that the accused has an ill motive. When your lawyer presents evidence in court, the judge may drop your charges or the prosecutor may agree to a plea deal.
Regardless of what defenses apply to your case, your lawyer may achieve the best possible outcome without a court trial. Court trials are expensive and time-consuming. They also allow judges the power to admit potentially stigmatizing information into evidence. However, court trials can sometimes be ideal, mainly if the D.A. is uncooperative.
Situations Where the Victim Refuses to Proceed with the Case
Sometimes the victim may decide they will not proceed with the case after filing a police report for corporal injury. When this happens in your case, it does not mean the prosecution will dismiss your charges there and then. The victim may say they have decided to drop all charges or refuse to testify during court proceedings. Sometimes the victim cannot be present in court during the proceedings. What happens in these scenarios?
When the victim decides to drop all charges, D.As often assume they do so because the defendant has coerced, threatened, or emotionally manipulated them. Consequently, the D.A. will likely carry on with the prosecution anyway.
But when the victim is reluctant, charges are usually challenging to prosecute as the victim will be uncooperative. Consequently, the defense attorney can often convince the D.A. to dismiss the charges or agree to a more favorable plea deal if the evidence they have is weak.
Sometimes the victim declines to testify during the trial. When this happens, the D.A. has the court's subpoena power, meaning they can compel the victim to show up and testify, whether or not they are willing. The D.A. must personally issue the victim with the subpoena to show up. The judge may issue an arrest warrant against them if they still refuse.
Sometimes the victim or prosecution's witness still cannot appear in court during the proceedings, for example, because they may have fled from the jurisdiction or gone into hiding. In this case, the prosecution will likely be incapable of proceeding with the case due to California’s hearsay rule, a crucial evidence rule. Per Evidence Code 1200a, hearsay evidence refers to a secondhand account of events or evidence made by someone else who is not a witness on the record to prove the matter in question.
For example, Eve tells her best friend, Alex, that her boyfriend, Eddy, broke her arm. Alex informs the police, and Eddy is placed under arrest and accused of causing corporal injury to their spouse. Eve disappears the day before the trial. Alex cannot testify that Eve said Eddy broke her arm, as that would only be hearsay.
If a witness makes a statement outside of court, it will be excluded from evidence because the defendant must have the opportunity to cross-examine any opposing witnesses. So, with few exceptions, hearsay statements are not admissible. That means the case often falls apart if the victim cannot testify in court, leading to the prosecution dismissing charges. Remember, if your case is dropped, you can seek to seal your arrest records.
Find an Experienced Domestic Violence Attorney Near Me
If accused of inflicting corporal injury on your spouse, you need to consult an experienced domestic violence attorney right away to increase the chances of avoiding severe penalties. If charged in Van Nuys, Los Angeles, CA, we at Leah Legal can provide expert counsel. We can examine your case facts and advise on the best defense approach.
Our domestic violence attorneys have decades of experience and will aggressively fight to defend your rights. We may be able to convince the prosecution to dismiss your case or reduce your charges to a lesser offense, like spousal battery. Call us at 818-484-1100 to discuss a possible course of action to obtain a positive outcome for your case.