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Corporal Injury to Spouse or Cohabitant w/prior

PC 273.5(f)(1)

 

California Domestic Violence Law & Defense

 

California domestic violence laws are found in several sections of the California penal code. Misdemeanor battery on a spouse or cohabitant is found at PC 243(e)(1), Inflicting Corporal Injury to Spouse or Cohabitant is found at PC 273.5(a), and Inflicting Corporal Injury to Spouse or Cohabitant with Prior is found at PC 273.5(f)(1). This page is dedicated to a short discussion of the law and defense associated with the latter, PC 273.5(f)(1) Corporal Injury to Spouse or Cohabitant with Prior.

 

To prove that the defendant is guilty of PC 273.5(f)(1) the district attorney must prove that the victim was either the spouse, former spouse, cohabitant, or former cohabitant, or the defendant. In addition, the district attorney will have to prove that the defendant inflicted an injury which is noticeable (soft tissue injury and unseen injuries are insufficient to prove PC 273.5(f)(1) charges); however, the victim does not need to suffer or pain and the injury does not need to be anything more than a simple bruise for PC 273.5(f)(1) convictions. Finally, the district attorney will need to show that the defendant has suffered a prior conviction for domestic violence under either PC 273.5(a), or PC 273.5(f)(1).

 

If found guilty of inflicting corporal injury to a spouse or cohabitant under PC 273.5(f)(1) the defendant may face up to five years in a state prison. PC 273.5(f)(1) is not a "jail sentence" meaning that if the defendant is found guilty and ordered to serve any time in a correctional facility in California that facility will be a California state prison (not a local jail); this is true even if the defendant is ordered to serve less than a year in custody.

 

PC 273.5(f)(1) is not a "strike" under California Three Strikes law and if convicted of the charges the defendant is entitled to day-for-day credit for good behavior in prison. 

 

In addition to any possible prison sentence, if convicted of PC 273.5(f)(1), the defendant may suffer fines, probation or parole sentences, domestic violence restraining orders, loss of occupational or professional licencing, immigration problems (for non-U.S. citizens), CPS involvement (where children are present at the time of the domestic violence), family law legal problems, and more.

 

Defenses to inflicting corporal injury to a spouse or cohabitant with prior under PC 273.5(f)(1) includes, no evidence of prior domestic violence conviction within 10 years of the new PC 273.5(f)(1) charges, defense of others, improper police procedures which leads to the omission of certain evidence, unwilling and unidentifiable witness against the defendant, self-defense, and more.

 

However, the fact that the victim does not want to be a witness against the defendant in a PC 273.5(f)(1) case is not a defense. In fact, prosecutors are generally used to the fact that many victims of domestic violence either change their mind about prosecution or attempt to change their initial statements about being a victim. 

 

If you or a love one is charged with with inflicting corporal injury to a spouse or cohabitant with prior under PC 273.5(f)(1), contact domestic violence criminal defense attorney Christopher Dorado today. Attorney Dorado will explain your rights, defense options, and the law regarding PC 273.5(f)(1). 100% of attorney Dorado's practice is dedicated to criminal defense and initial consultations are provided at no cost to the accused.

 

Call today 909.913.3138

 

Closely Associated Crimes to PC 273.5(f)(1) include:

 


PC 273.5(f)(1) Inflict Corporal Injury to Spouse or Cohabitant w/prior Domestic Violence Crimes in California

 
 
 
 
 
 

Law Office of Christopher Dorado 1030 Nevada Street. Suite 105 Redlands, CA. 92374