Corporal Injury to a Spouse Sentencing & Punishment with Prior Convictions

One of the most common domestic violence crimes in California is the crime of inflicting corporal injury to a spouse under California Penal Code Section 273.5. Inflicting corporal injury resulting in a traumatic condition on a spouse, former spouse, cohabitant, former cohabitant, or the other or father of his or her child is considered guilty of a felony punishable by two, three, or four years in state prison, or for up to one year in county jail. A fine of up to $6,000 can also be given.

A traumatic condition means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by a physical force.

The punishment for corporal injury to spouse increases if the defendant has a prior conviction, within the last seven years, of inflicting corporal injury to a spouse, battery, battery causing great bodily injury, battery against a spouse, assault with chemicals, assault with a stun gun or less lethal weapon, assault with a deadly weapon. The punishment increases to imprisonment in county jail for up to one year or in state prison for two, four, or five years. The defendant will also face a fine of up to $10,000.

If the person has a prior conviction and the person is granted probation, the court shall impose one of the following conditions: 1) Minimum 15 days in county jail or 2) If two prior convictions within the last seven years, minimum 60 days in county jail. The court must make a finding of good cause on the record if one of these minimum sentences is not imposed.

If you or a loved one is facing a domestic violence charge, it is important that you speak with an experienced domestic violence attorney. At Wallin & Klarich, our Southern
California domestic violence attorneys have over 40 years of experience in defending the criminally accused from domestic violence charges. It is even more critical to hire an attorney if you have a prior conviction. With increased penalties, it is in your best interest to have an attorney who can provide you with the best possible defense. Call us today at (888) 280-6839. We will be there when you call.