Corporal Injury Inflicted on the Spouse or a Cohabitant
A charge of corporal injury inflicted on the spouse or a cohabitant can be made against a person, if the said person has willfully inflicted corporal injury on their spouse, cohabitant, former spouse, former cohabitant, or any person who is the birth parent of their child. The injury must lead to a serious traumatic condition of the person.
For such a crime, the attorney needs to provide proof that the person who has been charged with the crime of corporal injury inflicted on the spouse or a cohabitant, only intended to commit the physical act. The fact that the person was intent on injuring the person because of the act should not be mentioned or insinuated.
According to the California State Penal code, “traumatic condition” is a term used to define the condition a body is in after it has been wounded or injured. It does not matter how serious or severe the injury or wound is. Even a light bruise would constitute as a “traumatic condition” and the case would be filed under the criminal charges of corporal injury inflicted on the spouse or a cohabitant. However, the injury has to be physical and emotional distress or a mild ache will not count.
It is important to note that, when the police are alerted of an incident of domestic violence, if there happens to be an injured party, regardless of how minor the injury is, the police is bound by the law to arrest the other party based on criminal conduct.
The penalties stated below are as dictated by California's own penal code. A lawyer can get a much more lenient sentence for you.
The penalty for hitting your spouse and injuring them is punishable with an imprisonment sentence of two to four years, or a year or less in a county jail and being dealt a heavy fine.
If someone is convicted for battery of a spouse on more than instance, then that person can only be tried and sentenced for one offence and the other instances are stayed.
If a person has a record of domestic abuse of a spouse or a cohabitant, and the previous offense has occurred within 7 years, the punishment they face might be more severe depending on their previous criminal record.
If a spouse or cohabitant is hit and injured during the time the first crime has been charged and is being tried, the sentence can be increased to an extra time in prison, which will make the sentence at least 3 to 5 years.
If you or a loved one is charged with Domestic Violence in Bakersfield California contact our firm to find out how we can help.