Causing Corporal Injury on an Intimate Partner

San Jose Corporal Injury Lawyer And Santa Clara Intimate Partner Violence Attorney

California law strictly prohibits violence against family members. In fact, the state has separate statutes dealing with domestic violence crimes. The offense of committing violence against an intimate partner, such as a spouse or cohabitant, is a felony offense in Florida.

Causing Corporal Injury

California law provides that the following elements must be met for a conviction of causing corporal injury on an intimate partner:

• The defendant must willfully inflict a corporal injury;
• The injury must be on an intimate partner; and
• That conduct must result in a traumatic condition.

Corporal injuries are physical injuries to the body.

Intimate Partners

The corporal injury law prohibits violence against intimate partners, or people with whom the defendant has or has had a romantic relationship. An intimate partner can include:

• A spouse or former spouse;
• A cohabitant or former cohabitant;
• A fiancé or fiancée;
• A person with whom the defendant has, or previously had, a dating or engagement relationship; or
• The father or mother of the defendant’s child.

Dating Relationships

Dating relationships are defined as “frequent, intimate associations primarily characterized by the expectation of affectionate or sexual involvement.” The existence of a dating relationship is not dependent on either party financially supporting the other, or on the commingling of money or other assets.

Traumatic Conditions

A traumatic condition is as a physical condition of the body such as a wound, or an external or internal injury. Traumatic conditions include injuries resulting from strangulation or suffocation, whether minor or serious. To qualify as a traumatic condition, the injury must have been caused by physical force.

Penalties

The crime of causing corporal injury can be charged as either a misdemeanor or a felony. If convicted of a felony, the defendant may face imprisonment in the state prison for up to four years. If charged as a misdemeanor, a conviction could mean a one-year sentence in the county jail, the payment of a fine of $6,000, or a combination of the two.

Defenses

There are several defenses are available to a defendant charged with this crime. Even if the charge is not dismissed, an effective defense may result in charges being reduced to the lesser offense of domestic battery. Possible defenses include:

• Self defense;
• Lack of willfulness; or
• False accusation.

Domestic violence crimes can have serious consequences. If you have been charged with causing corporal injury to an intimate partner, or with domestic battery, please contact skilled San Jose criminal defense attorney Wesley Schroeder today for an initial consultation.

Sources:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=06001-07000&file=6200-6219

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=240-248