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Penal Code 273.5 pc Corporal Injury to a Spouse or Cohabitant

“Penal Code 273.5 makes it illegal to inflict a "corporal injury" resulting in a "traumatic condition." A person commits this crime by striking his/her intimate partner in some violent way and causing a visible injury, even a slight one such as swelling or a bruise. This California domestic violence law can be charged if the alleged victim is a current or former spouse or cohabitant or the parent of your child.”

According to this Penal Code, the accuser can apply for a misdemeanor or a felony charge on an individual who is guilty of battery, spousal abuse, corporate injury, domestic abuse or domestic violence. Once the accuser has charged an individual with this kind of domestic violence charge, the penalties are inflicted upon the accused once the investigation starts and cannot be dropped in any case, even when the accuser decides later to reverse his or her statements or willfully drop the case. Unlike other laws, the charges of domestic violence crimes cannot be dropped and the accused will have to undergo penalties whichever they may be. The specified Penal Code is applicable to the smallest of injuries that are caused during any type of the specified domestic violence crimes. The investigating team will take photographs in such cases and then it is inevitable to reverse the charges, once this kind of evidence is gained.

The penalties for a misdemeanor violation, includes the following:

  • Three years of informal probation
  • A year in the county jail
  • Up to $6,000 fines
  • Scheduled payments to battered women organizations
  • Scheduled payments to the alleged victim
  • A protective order
  • A restraining order
  • A year's worth of abuse classes
  • Counseling services
  • Community service

The penalties for a felony violation, includes the following:

  • Formal probation
  • Four years in prison
  • Five additional years for inflicting “great bodily injury”
  • Payments, orders, abuse classes, community service, and counseling

Do you have questions about a case? Bakersfield area criminal defense attorneys at Martens &  Brusseau can assist you with criminal charges. With years of criminal defense experience, our firm has handled thousands of cases.  Attorneys here have the skills and knowledge needed to defend your rights. Serving Bakersfield and surounding areas, Martens &  Brusseau can provide expert criminal defense counsel. CONTACT US AT 661-466-2142 TODAY

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