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]
With probation 0-364 days
Misdemeanor: 0-364 days