California Corporal Injury Law: Penal Code 273.5 PC

Published: Sep 06, 2017 Duration: 00:03:02 Category: News & Politics

Tags : California examples felony penal code corporal injury PC 273.5 Defintion Consequences Defenses

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Intro Penal Code section 270 3.5 corporal injuries to find as willfully committing corporal injury on a spouse or someone you live with or a fiance or someone you're in a dating relationship with or the mother or father of your child and this corporal injury result in a traumatic condition so what is a What is a traumatic condition traumatic condition typically a traumatic condition is something like a black eye or broken bones or severe lacerations or abrasions that sort of thing Penal Code section 270 3.5 corporal injury is one of the most common domestic violence charges that we see now it's a wobbler and what that means is it can be charged as either a misdemeanor or a felony however usually we see it charged as a felony some defenses to the charge of corporal injury on a small circle habitant can be self-defense for example your husband or wife is about to break a vase over your head and you push them and they fall down the stairs and doing themselves another defense to corporal injuries You were falsely accused that you just didn't do it you were falsely accused and we see this a lot when a fiance or a spouse or a boyfriend or girlfriend accuses the other of some sort of domestic battery and this can be for all kinds of reasons we see we see this when there's custody issues we see this when there's financial issues and sometimes it seems it's just out of spite now in our practice we've had a lot of luck with domestic violence trials there's one case that I remember in which a girl accused her boyfriend of throwing her against the wall holding a knife to her throat throw her on the bed and and threatening her we took this case to trial it came out in testimony that the girl made two calls to 911 one the first time she called 9-1-1 she told them that she wanted her boyfriend evicted and they told her they don't do that so she called 9-1-1 a short time later and the second time she called 9-1-1 she made the allegations of abuse when asked on further cross-examination why she didn't advise 9-1-1 of the abuse on the first call she said it was because her boyfriend was in the room with her and she was frightened however later in testimony it came out that she didn't make that phone call from her apartment where she was with her boyfriend she made the call from a neighbor's apartment and her boyfriend wasn't present so she had no reason to be Consequences frightened at this point the jury didn't believe her and our client was acquitted a domestic violence conviction can have very serious consequences it can make it difficult when it comes to gaining employment it doesn't look good at all on a application where you're required to divulge any criminal record that you might have if you're trying to obtain a professional license it can also become a problem and also and this is more important to some people than others but under federal law if you're convicted of either a misdemeanor or felony domestic violence charge you'll lose your right to own or possess a firearm for the rest of your life and the can California defense group we know how important your case is to you we know that the outcome of your case can affect the quality of your life and even your freedom so if you or someone you know has been charged with domestic violence give us a call and we can discuss the various ways in which we might be able to have your charge reduced or even dismissed

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