Penal Code 273.5 is created to make it illegal to cause an injury to a spouse, cohabitant, or parents in an act of domestic violence. If any willful infliction of corporal injury that results in a traumatic condition is raised upon the spouse or cohabitant, upon conviction they will be punished. This is also termed as domestic violence of domestic abuse to the spouse or the cohabitant. The term 'cohabitants' refers to an association of more than being roommates and describes a relationship of two people who are residing together for a considerable time span. At the same, a person may cohabit with more than one person.
The crime is charged as a felony and the punishment includes imprisonment in the state prison for two, three, or four years. Depending on the magnitude, it may also include imprisonment in a county jail for up to one year, or it may impose a forfeiture of up to six thousand dollars. Certain cases may include both the fine and imprisonment.
For the proof that a defendant committed the crime of domestic violence on the spouse or cohabitant or fellow parent that resulted in a traumatic condition, a prosecutor should ascertain the following elements:
· The physical injury has been unlawfully inflicted to the current spouse or former spouse or to the cohabitant by the defendant.
· The domestic abuse has occurred minor or terrible traumatic disorder, which has been caused by the direct utilization of physical force.
· There was no act of self-defense by the defendant.
After thoroughly reviewing the types of forces, the volume of it, the defendant's history of the criminal charges (if any), and other related and factual scenarios, the misdemeanor or the felony charges are to be implemented. When a defendant is charged as a felony, that person is to be sentenced for up to four years in prison. The sentence might be increased with an additional five years if the intensity of the force is much more, with tremendous bodily injury. This conviction could be taken into account for strengthening future sentences, under California's Three Strikes Law. In certain cases, the person would also lose their proficiency to purchase and own firearms.
Criminal Defense to Corporal Injury Inflicted
Arising from an instant of losing temper, corporal injury in the form of domestic violence is an offense that takes along consequences for a lifelong period. If any of your relatives, acquaintances, or you are arrested accused of this offense, it is a very crucial step to consult an experienced criminal defense attorney. Since these are very sensitive cases, there are plenty of cases involving the defendants who have realized to have used forces to defend their own selves. Some cases are also highly susceptible to false accusations. It may have been made by a party wanting to get their partner in trouble. Unfortunately, if an allegation is made, prosecutors will proceed with the case even if the accuser regrets their actions. In these cases, hiring a highly skilled lawyer is significant in confirming that the crime hadn't taken place in the said manner.