Corporal Injury on Spouse/Mate | Penal Code § 273.5

Description

The crime of Corporal Injury on a Spouse or Mate is to willfully inflict corporal injury, whether serious or minor. Prosecution of Corporal Injury on a Spouse or Mate will consider the intentional direct physical act, and not whether the act caused an unintentional injury. Defendants asserting self defense must show no more force than necessary was used to prevent injury or defend against the harm or danger. Should great bodily injury (i.e. broken bones, disfigurement, loss of a body member, wound or concussion) be inflicted, additional punishment may apply.

What does the prosecutor have to prove?

1. Defendant willfully inflicted corporal injury on victim.
2. Victim was either: -defendant’s spouse or former spouse -person with whom he or she is or was cohabitating with -fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship -the mother or father of his or her child
3. Corporal injury resulted in a traumatic condition. [Cal Crim No. 840]

Punishment

Felony: 2years/3years/4years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	Yes
Is this charge considered a “firearm conviction” for immigration purposes?	No