Purposefully injuring a spouse or cohabitant is a form of domestic violence.
Under California law, harming or threatening to harm a current or former intimate partner is considered an act of domestic violence. In particular, if you purposefully inflict bodily injury upon a spouse or cohabitant, you may be charged with corporal injury to a spouse.
To prove a charge of corporal injury to a spouse, a prosecutor must demonstrate that the person (1) willfully inflicted a physical injury; (2) on a current or former intimate partner; and (3) the physical injury resulted in a traumatic condition. As a spousal abuse defense lawyer in Los Angeles, CA can explain, a traumatic condition is any wound or other bodily injury that resulted from the direct application of physical force. It does not have to be a serious injury — anything from a bruise to a broken bone can be considered a traumatic condition. Importantly, the traumatic condition must be a result of the application of physical force. If a person was injured from something else, such as by tripping when they turned to walk away from their partner after being shoved, then it is not considered corporal injury to a spouse.
A person acts “willfully” if they purposefully do something. They do not need to intend to break the law or to hurt someone else in order to act willfully, as long as the action itself was purposeful. For example, if you are frustrated by your spouse and throw a glass at her during a heated discussion, which breaks and cuts her, it doesn’t matter if you intended to hurt her or not. As long as you purposefully picked up that glass and threw it, that is sufficient to establish that you acted willfully.
Significantly, this law only applies to current or former intimate partners. This includes a spouse, co-parent, domestic partner, a live-in romantic partner, a fiancée, or a person who has seriously dated or is seriously dating the defendant. In some cases, there may be a question as to whether the alleged victim is an intimate partner. Factors that may be considered in determining whether someone is an intimate partner includes whether the two people have had sexual relations while sharing the same residence, joint use or ownership of a property, and if both people hold themselves out as being in a serious relationship.
Corporal injury to a spouse is a wobbler under California law. This means that it can be charged as either a felony or a misdemeanor, based on the facts of the case and the defendant’s criminal history. The prosecutor has discretion in how these charges are filed. In most cases, if the victim was seriously injured and/or the defendant has a history of domestic violence charges, it is more likely that the case will be charged as a felony.
If the crime is charged as a misdemeanor, corporal injury to a spouse is punishable by up to 1 year in county jail and/or a fine of up to $6,000. An alternative to jail may be misdemeanor probation. If this crime is charged as a felony, then the punishment may include between 2 and 4 years in state prison and/or a fine of up to $6,000. If the defendant has prior domestic violence convictions, then the jail term may be increased by anywhere from 2 to 7 years.
Corporal injury to a spouse is a serious criminal offense that can result in years in jail. For this reason, it is vital to work with a spousal abuse defense lawyer in Los Angeles, CA who has experience handling these types of cases. The Chambers Law Firm will aggressively advocate for your rights if you have been charged with this crime. Contact us at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
