What is inflict CRPL inj SP Cohab? (a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state.
Full Answer
What is corporal injury to spouse/cohabitant?
Penal Code 273.5 — Corporal Injury To Spouse/Cohabitant. This term includes traces of strangulation or suffocation. It is irrelevant whether the injury is merely a minor one, or if it is from a much more serious condition. The term is defined in more detail in California Penal Code 273.5 (c).
What is a “traumatic condition” in a corporal injury case?
(3) The corporal injury resulted in a “traumatic condition” (4) The defendant did not inflict the injury during an act of self-defense or defense of others. Explanation of the Law:
Is intentional infliction of corporal injury a felony in California?
A defendant who has minor children and is accused of intentional infliction of corporal injury on an intimate partner may also face prosecution for Penal Code 273a child endangerment. In most cases, this offense is a misdemeanor. But it can be charged as a felony if the defendant puts the child at risk of great bodily injury or death. 49
Where can I get a free consultation for a corporal injury?
Available for free consultations at (619) 787-3456. Penal Code 273.5 — Corporal Injury To Spouse/Cohabitant | Michael Rehm Personal Injury Attorney
What is inflict corporal injury?
A corporal injury is a physical wound that was inflicted by force. The amount of force does not matter. It also does not matter if the force was inflicted using a weapon or even a firearm. It does not even matter whether the force caused a minor or a great bodily injury.
What is inflict corporal injury on spouse?
273.5 PC is California's law on “corporal injury to a spouse or intimate partner.” A person violates this section when he or she (1) willfully inflicts a physical injury, (2) on a current or former intimate partner, and (3) the physical injury results in a “traumatic condition.”
Is 273.5 a violent crime?
California Corporal Injury: Penal Code Section 273.5 PC California Penal Code 273.5 is a penal code section that describes felony domestic violence charges. The crime of domestic violence is also referred to as domestic battery, domestic abuse, spousal abuse or spousal battery.
Is California Penal Code 273.5 a an aggravated felony?
A conviction under Penal Code § 273.5 counts as a crime involving “moral turpitude” and may be classified as an “aggravated felony” even if the individual is sentenced to a misdemeanor. A conviction can also result in an individual being denied naturalization and being denied re-enty to the United States.
What is corporal punishment to spouse?
To be convicted of corporal injury to a spouse, it must be proven that you willfully inflicted injury and that you caused the victim to sustain a traumatic condition, meaning an actual physical injury to their person. This could be anything from a bruise or a wound to a serious internal injury.
What's the difference between corporal injury and domestic violence?
The difference between a corporal injury and domestic violence rests on the extent of the injuries inflicted. Domestic violence causing a corporal injury has to cause some sort of physical injury. Domestic violence charges in general do not necessarily require there to be a physical injury.
How long do you go to jail for domestic violence in California?
A felony domestic violence offense can lead to up to 5 years in state prison. Probation could also be as long as 5 years. There is a minimum of 3 years of probation as a state requirement in all cases of felony domestic violence.
Can a 273.5 be expunged?
If you were convicted of a misdemeanor under PC 273.5 or a felony for which you served no state prison time, you qualify for an expungement of the conviction. You may petition the court once you satisfy these other conditions: You completed all conditions of your sentence and probation.
Is 273.5 a strike?
Penal Code Section 273.5 is not a strike itself, but it can become a strike if the victim suffers what's legally considered “great bodily injury”. “Great bodily injury” is a separate enhancement listed under Penal Code 12022.7.
Is 273.5 a misdemeanor?
Under California law, domestic violence under PC 273.5 can be charged as either a felony or a misdemeanor. A felony conviction can carry up to four years state prison, and a fine of up to $6,000. A misdemeanor conviction can carry up to one year in county jail, and a fine of up to $6,000.
Is 273.5 a crime of moral turpitude?
Penal Code § 273.5(a) is categorically a crime involving moral turpitude.
What does great bodily injury mean?
significant or substantial physical injuryAs stated, “great bodily injury” is a defined as a significant or substantial physical injury, and would include serious bruising or wounds, concussion, broken bones, and other serious injuries. It doesn't include causing an injury to yourself or an accomplice to the crime.
What is traumatic condition?
The “traumatic condition” must be the “natural and probable consequence” of such an injury. This means that a reasonable person would expect this type of condition to result from the action he or she is doing, assuming nothing out of the ordinary intervenes in the situation. b.
Does substantial factor have to be the only factor that causes the condition?
Substantial factor does not have to be the only factor which causes the condition. It just has to something more than a factor of little importance. c. The condition wouldn't exist absent the injury. i. The court is required to instruct the jury on the definition of “traumatic condition” on its own motion. People v.
James Roy Dickinson
My colleagues have stated it well. You may want to consult a local criminal attorney about this.
Robbi Abrams Cook
There is no difference in the two charges, except one is charged as a felony and one as a misdemeanor. The elements of the crime are the same: the defendant willfully inflicted corporal injury; the victim was the defendant's spouse or cohabitor or parent of his/her child; and the corporal injury resulted in a traumatic condition.
Jay Scott Finnecy
The difference is one is a felony punishable by up to three years in prison and one is a misdemeanor with a maximum penalty of one year, county jail. Being on probation for battery is not a good fact.
Matthew Murillo
felony v. Misdemeanor charge. Penalties for the 273 depend on circumstances. If you're on probation for 242, you're also facing a probation violation which means sentencing can be address again for the 242. No one can give you information about to expect for sentencing. It's all fact dependent...
