Unfortunately, conflicts with an intimate partner can sometimes turn ugly. If an intimate relationship results in allegations of domestic abuse or physical injury, you could find yourself in a difficult legal battle. Before you can begin building legal defenses to counter these allegations, though, you must first understand the type of charges you are facing.
In California, allegations of spousal abuse often result in one of two types of criminal charges: domestic violence or corporal injury. Both of these domestic violence crimes are serious matters, but criminal charges of corporal injury can carry higher penalties and longer sentences if you’re convicted.
Here is everything you need to know about the difference between corporal injury and domestic violence to help you protect your rights following a criminal incident.
Understanding Corporal Injury and Domestic Violence
Domestic violence and corporal injury are often used interchangeably. That’s because one or both charges could be filed in a domestic violence case. However, they are legally distinct and have different implications.
While each offense involves causing harm within an intimate relationship, corporal injury allegations often indicate a more serious domestic violence incident that involves physical force and injury to a spouse.
On the other hand, domestic violence charges can arise if the alleged victim was physically or verbally abused. For either charge to be classified as a domestic violence offense, the alleged victim must be one of the following:
- Spouse
- Former spouse
- Cohabitant
- The parent of the defendant’s child
- Fiance
- A person whom the defendant has or previously had a dating relationship with
The cohabitation clause in California Penal Code section 273.5 indicates that domestic violence charges can stem from abuse toward other family members. The key is whether the defendant and the victim ever lived together as a family.
For example, adult siblings could face domestic violence charges if one party causes physical injury to the other. However, most domestic battery incidents occur between two people who are romantically involved.
Domestic Violence vs. Corporal Injury
Take a closer look at how California law defines the difference between corporal injury and domestic violence.
What Is Domestic Violence?
Domestic violence battery refers to a wide range of abusive behavior that is carried out against someone who is a family member, cohabitant, or romantic partner — former or current. California Penal Code section 243(e)(1) states that abusive behavior can include direct physical force, threats, emotional abuse, and coercion.
In California, visible injury is not required to file domestic violence charges. Even destroying the other party’s property can constitute a domestic violence offense if that behavior is done to intimidate or threaten the other person.
Domestic violence charges can be classified as either a misdemeanor or a felony, depending on several factors. The defendant’s prior criminal history and the nature of the incident typically determine the classification of criminal charges.
What Is Corporal Injury?
A corporal injury to a spouse or cohabitant is a more specific offense that refers to physically harming a person in a way that results in a visible or demonstrable injury, known legally as a traumatic condition. California Penal Code section 273.5 outlines the definition and criminal penalties for corporal injury.
According to California Penal Code 273.5, the offender must cause physical harm by direct force, which may include the following:
- Punching
- Hitting
- Kicking
- Pushing
- Throwing
Corporal injury must involve both physical force and injury to a spouse. If both elements are not present, the incident would typically not meet the criteria for corporal injury. In most cases, corporal injury is charged as a felony, which can carry maximum penalties of incarceration in state prison and thousands in fines.
The penalties for corporal injury cases will vary based on several factors, including the defendant’s criminal history and the severity of the injuries. For example, if the defendant has a prior felony conviction and causes substantial physical injury, they may be more likely to be sentenced to California state prison.
The Key Difference Between Corporal Injury and Domestic Violence
Both corporal injury and domestic violence allegations involve causing harm to a spouse or other party who meets the state definition for this victim class. However, there are key distinctions between the two.
Domestic violence is a broader term that covers multiple forms of abuse, including physical, emotional, and psychological harm. Corporal injury specifically refers to cases where the victim suffered physical violence resulting in visible or internal injuries.
If there is no evidence of physical harm, a corporal injury charge may not apply. You could still find yourself involved in a domestic violence case, though, if the other party accuses you of physical violence or emotional abuse.
Domestic violence cases can be charged as either a misdemeanor or a felony. On the other hand, a corporal injury charge is often classified as a felony. Fortunately for falsely accused individuals, the other party must provide physical evidence of a traumatic condition or bodily injury. Keep in mind that domestic violence allegations can be made without physical evidence, however.
In both instances, it’s important to hire a criminal defense lawyer who is experienced with domestic battery cases. A seasoned attorney can protect the rights of falsely accused individuals and use various legal defenses to minimize the repercussions of criminal accusations.
Penalties for Corporal Injury and Domestic Violence
Both domestic battery and corporal injury charges can result in fines and incarceration, but the fine amounts and length of imprisonment vary.
Domestic Violence Penalties
Domestic battery charges are punishable by a fine of up to $2,000 and imprisonment in a county jail for up to one year. California typically requires defendants to complete a battery treatment program as well.
Alternatively, defendants may be sentenced to misdemeanor probation. If sentenced to probation, the judge can order the defendant to make payments to an approved domestic violence shelter program, up to a maximum of $5,000. The judge can also order the defendant to reimburse the victim for expenses related to the incident, such as counseling.
Individuals sentenced to probation can avoid jail time if they adhere to all of the terms of their probation. This includes meeting with a probation officer and completing any court-ordered activities by set deadlines.
Corporal Injury Penalties
The penalties for causing physical injury can be much harsher. Individuals accused of inflicting corporal injury on their spouse could be sentenced to two, three, or four years in state prison. Alternatively, they could be sentenced to county jail for up to one year. Inflicting corporal injury on a spouse can also lead to a fine of up to $6,000.
When determining what penalties to levy, the court will review the strength of the evidence and the severity of bodily injury caused to the intimate partner. Causing great bodily injury often results in a harsher penalty and a longer sentence in prison.
In some instances, the court may sentence the accused to probation instead of prison or jail time. However, the terms of probation in this situation tend to be more strict than those associated with misdemeanor charges. Some common probation terms may include:
- Completing community service hours
- Adhering to the terms of a domestic violence restraining order
- Wearing a GPS monitoring device
Probation is typically offered if the other party only suffers minor injuries and the defendant does not have any prior convictions for domestic battery. If there is substantial evidence of a traumatic condition as a result of the defendant’s physical violence, though, the criminal penalties may be much harsher.
Defenses to Corporal Injury and Domestic Violence Charge
Unfortunately, false accusations of domestic violence and criminal injury are common. The good news is that falsely accused individuals can contest the charges brought against them.
A criminal defense attorney can identify possible defenses to contest or reduce the charges facing their client. Some possible defenses include:
Lack of Evidence
Perhaps one of the strongest defenses against a domestic battery allegation is a lack of evidence. This is because the prosecution must prove beyond a reasonable doubt that the defendant caused injury to a spouse or committed the alleged offense.
Proving domestic violence crimes that do not involve any visible or documentable injury can be especially challenging. The prosecution may bring in witnesses who can attest to the defendant’s moral turpitude.
These individuals are often referred to as character witnesses. However, the accused’s criminal defense lawyer may also call character witnesses to the stand to contest any allegations of poor moral character.
Self-Defense
Self-defense can be a valid way to contest domestic violence allegations from an intimate partner. To be effective, the defendant must prove that they were in imminent danger and had to use force against the other party to protect themselves. It can be difficult to prove self-defense without strong evidence, such as:
- Witness statements
- Video footage
- Medical reports
- Signs of defensive wounds on the accused
If a criminal defense lawyer does have the right evidence to successfully prove self-defense, they may be able to have the accused’s charges dropped or reduced.
False Accusations
An intimate partner who is angry or frustrated with their spouse may make false allegations of violent crimes or verbal abuse. Even exaggerating the severity of the traumatic condition can place the accused in a legally compromising situation.
An experienced attorney can gather strong evidence to contradict false claims, such as text messages and emails. Identifying inconsistencies in the accuser’s statements can also bring the truth to light.
Still, it’s important for accused individuals to act fast when false charges are brought against them. Evidence can be lost with every day that passes. The sooner an accused individual seeks legal representation, the better their odds of overcoming false or exaggerated claims.
Importance of Seeking Legal Representation
If you have been accused of causing injury to a spouse, current or former cohabitant, or other protected person you have had a close relationship with, you need qualified legal representation in your corner. A domestic violence lawyer can review the evidence brought against you and develop a strong defense strategy to protect your freedom and reputation.
If there is admissible evidence to suggest that you are guilty of inflicting corporal injury to a spouse, your attorney may be able to negotiate a favorable plea deal. Reducing charges or opting for alternative sentencing options, such as diversion, can keep you out of jail and allow you to move on with your life.
Allegations of causing bodily injury to a spouse can tarnish your reputation and have lasting personal and professional consequences. Don’t face these allegations alone; instead, talk to an experienced attorney so that you can protect your rights and your future.
Schedule a Consultation With Elite Criminal Defense Today
Have you been accused of inflicting injury on a spouse or other protected party? The seasoned legal team at Elite Criminal Defense has earned an exceptional record of case dismissals and charge reductions in San Diego and surrounding communities.
Call or contact us online today to schedule your free and confidential case review and find out how we can stand up for your rights.
