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Corporal Injury to Spouse Defense Attorney | Understanding California Penal Code Section 273.5(a) PC.
Update - October 2024
Facing charges for corporal injury to a spouse under California Penal Code Section 273.5(a) PC. is a serious legal matter that can lead to severe penalties, including jail time and significant fines. If you or a loved one is dealing with these charges, understanding the law and hiring a qualified defense attorney is crucial. At The Law Offices of Kirk Tarman & Associates, we specialize in defending clients across San Bernardino, Riverside, Los Angeles, and Orange counties against these types of charges.
With 25 years of experience, a former district attorney on our team, and personalized, boutique-style service, we are well-equipped to handle your case. Our firm also offers flexible payment plans and financing options for qualified clients, ensuring that you get the legal defense you deserve without the added financial burden.
What is Corporal Injury to a Spouse under PC 273.5?
California Penal Code Section 273.5(a) PC. makes it illegal to willfully inflict corporal injury on a spouse, cohabitant, or intimate partner, resulting in a "traumatic condition." This law applies to:
- Current and former spouses
- Cohabitants or former cohabitants
- Parents of a child together
- Individuals in a dating relationship
A traumatic condition refers to any visible bodily injury, such as bruises, cuts, or internal damage, caused by physical force.
Penalties for Corporal Injury to a Spouse
A charge under PC 273.5 can be classified as either a misdemeanor or a felony, depending on the circumstances. The penalties differ depending on the severity of the injury and the defendant’s prior criminal history.
Misdemeanor Penalties:
- Up to 1 year in county jail
- Fines up to $6,000
- Probation and mandatory participation in a batterer’s intervention program
Felony Penalties:
- 2, 3, or 4 years in state prison
- Fines up to $6,000
- Enhanced penalties for prior convictions or aggravated injuries
Common Defenses to Corporal Injury Charges
If you are facing corporal injury charges, several defenses could help reduce or dismiss your case. At The Law Offices of Kirk Tarman & Associates, we craft defense strategies tailored to your specific case.
1. Lack of Willful Intent
For a conviction under PC 273.5, the injury must have been willfully inflicted. If the injury was accidental, this can be a valid defense.
2. False Allegations
False accusations can occur due to personal disputes or other domestic conflicts. We work diligently to uncover evidence that challenges the credibility of such allegations.
3. Self-Defense
If you acted in self-defense or were defending someone else from harm, this is a strong defense in a corporal injury case.
4. Insufficient Evidence
The prosecution is required to prove its case beyond a reasonable doubt. We will analyze the evidence to find weaknesses or inconsistencies that may lead to reduced charges or case dismissal.
Corporal Injury Defense Attorney in San Bernardino, Riverside, Los Angeles, and Orange Counties
Our law firm has extensive experience defending clients facing corporal injury charges in San Bernardino, Riverside, Los Angeles, and Orange counties. We regularly represent clients in key courthouses across these regions, including:
San Bernardino County:
- Central Division (San Bernardino Superior Court)
- West Valley Division (Rancho Cucamonga Superior Court)
Riverside County:
- Banning Superior Court
- Hall of Justice in Riverside
- Southwest Justice Center in Murrieta
Los Angeles County:
- El Monte Courthouse
- Glendale Courthouse
- Pasadena Courthouse
- Pomona Courthouse South
- West Covina Courthouse
Orange County:
- Central Justice Center (Santa Ana)
- Harbor Justice Center (Newport Beach)
- North Justice Center (Fullerton)
Our familiarity with these local court systems gives us an advantage when defending your case, as we can tailor our strategies based on the specific court and judge handling your matter.
Flexible Payment Plans and Financing Options
At The Law Offices of Kirk Tarman & Associates, we understand that legal fees can be overwhelming, especially during a stressful time. To ease this burden, we offer flexible payment plans for our clients.
Flexible Payment Plans – No Credit Check
At The Law Offices of Kirk Tarman & Associates, we offer installment payment plans for most criminal cases. Our payment plans allow you to pay an initial 50% retainer down payment, with the remaining balance spread over several months, making it more affordable for you. Best of all, our payment plans require no credit check and are clearly outlined in your fee agreement for transparency and peace of mind.
Financing Available for Qualified Clients
We’ve partnered with a finance company that allows qualified clients (with a credit score of 620 or higher) to apply for financing at no cost. You will receive an instant decision and the terms, providing you with more financial flexibility during your legal process.
FAQ: Frequently Asked Questions
What should I do if I’ve been falsely accused?
If you’ve been falsely accused, it’s critical to consult with a defense attorney immediately. Do not make any statements to law enforcement without your attorney present. We will work to gather evidence to disprove the allegations against you.
Can corporal injury charges be reduced to a lesser offense?
Yes, it is possible to negotiate charges down to domestic battery under PC 243(e)(1), which carries less severe penalties. Your attorney will work to reduce the charges based on the facts of your case.
What is the difference between corporal injury and domestic violence?
Corporal injury involves causing a visible injury to a spouse or cohabitant, while domestic violence encompasses a broader range of abusive behaviors, including emotional and psychological abuse.
Conclusion
Being charged with corporal injury to a spouse is a serious matter, but with the right legal team, you can effectively challenge the charges. At The Law Offices of Kirk Tarman & Associates, we have over 25 years of experience, a former district attorney on our team, and in-depth knowledge of the legal systems across San Bernardino, Riverside, Los Angeles, and Orange counties. Our flexible payment plans and financing options ensure you have access to top-quality legal representation without the financial strain.