Corporal Injury on a Spouse, Cohabitant, or Fellow Parent Resulting in a Traumatic Condition (California Penal Code Section 273.5)
Domestic violence cases can lead to serious charges that can affect your freedom and your future.
Penal Code Secton 273.5 is defined as the infliction of some corporal injury on a person with whom the defendant currently has, or previously had, a domestic relationship. The offense is sometimes referred to as domestic abuse, spousal abuse, or spousal battery.
Inflicting corporal injury means a willful use of violent force. This could include hitting, punching, kicking, slapping or pushing. By willful, the statute means that the force must be done deliberately, as opposed to accidentally. An accidental shove, in the course of trying to get away from someone, for example, would not necessarily be a “willful” infliction of force.
Penal Code Section 273.5 requires that the prosecution produce a traumatic condition for the victim. Under this law, “traumatic condition” means 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. This means there must be some visible injury on the person’s body. The injury can be minor from a minor scratch, redness, swelling or bruising to a very serious injury such as a broken nose or a concussion.
Only a very slight injury is necessary to make a Penal Code Section 273.5 case. If no injuries can be observed, the prosecutor can still file charges under Penal Code §243(e)(1). This is a similar California domestic violence statute, but one that does not require a visible injury.
Do I have any defenses do I have to a domestic violence charge? Can I get my domestic violence case dismissed?
Yes! Some possible defenses include:
Many times, a domestic violence charge arose out of a mutual struggle in which the defendant acted in legal self-defense. For example, an angry wife may begin punching at her husband, and he has to shove her away to avoid getting punched in the face.
In the course of a heated argument and struggle, it is not uncommon to strike someone or push someone down on accident. In the chaos of some mutual pushing and grabbing, for example, the boyfriend may strike his girlfriend, but without intending to hit her and certainly without intending to injure her.
Unfortunately, false accusations and wrongful arrests occur regularly in the context of domestic violence. For example, an angry or jealous wife or girlfriend thinks he’s cheating on her. She wants to get back at him. So she creates a loud argument and then calls the police. When the officers show up, she lies and exaggerates and accuses him of having become violent with her. The boyfriend gets arrested and charged a domestic violence charge.
These are all defenses that can determine the outcome of your case if your lawyer is knowledgeable in these defenses. The Law Offices of Michael S. Carrillo will explore any and all options regarding your case including all possible defenses to a domestic violence charge. Contact us now for a contact us and we will fight hard for you on your criminal matter. Call us today at (626) 799-9379.