Corporal Injury to a Spouse or Cohabitat is topic that is raised a lot. But the People must prove these following elements:
1) The defendant willfully and unlawfully inflicted a physical injury on his/ her (possibly former) spouse, (possibly former) cohabitant, the mother or father of his/her child;
2) The injury inflicted by the defendant resulted in a traumatic condition.
3) The defendant did not act in self defense of in the defense of someone else.
Now one of the key terms is willfully, in order to qualify for that definition he or she must have done it on purpose and not accidently.
Another set of terms you see used is “traumatic condition” in Corporal Injury to a Spouse or Cohabitant. This means a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.
The other important term to understand is “cohabitants“, which means two unrelated persons living together for a substantial period of time, resulting in some permanency of the relationship. Factors that may determine whether people are cohabiting include, but not limited to, (1) sexual relations between the parties while sharing the same residence, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) the parties’ holding themselves out as (husband and wife/domestic partners), (5) the continuity of the relationship, and (6) the length of the relationship.
The defendant may “cohabit” at the same time with two or more people at different locations, during the same time frame, if or she continues a substantial ongoing relationship with each person and lives with each person for significant periods.
With a Corporal Injury to a Spouse or Cohabitant, a person is considered to be the mother/father of another person’s child if the alleged male parent is presumed under law to be the natural father.
A traumatic condition is the result of an injury if:
1) The traumatic condition was the natural and probable consequence of the injury;
2) The injury was a direct and substantial factor in causing the condition;
3) The condition would not have happened without the injury.
A natural and probable consequence is one that a reasonable person would know occurs if nothing unusual intervenes. In deciding whether a consequence is natural and probable, consider all of the circumstances established by the evidence.
A substantial factor is more than a trivial or remote factor but it dosent need to be the only factor that resulted in the traumatic condition.
Spousal-Marital Rape 262 PC. Spousal/Marital rape is a very straight forward crime. It is the rape of ones wife/husband. Not only does the crime fall under rape laws. It also falls under domestic violence as well. What is interesting about this crime is that yes although a man woman do agree to be in a marriage rape can still happen. Rape by nature is intercourse against a person’s will. This could be either through duress, force, or fear. Perhaps rape happened with drugs or alcohol which impedes on a person’s common sense. Or perhaps it could have happened without the person’s knowledge. The reason here could be because he/she was passed out. If a threat was used to rape someone the threat must have been believable. For example if a small woman who weighed a hundred pounds threatened her husband that is a body builder to have sex with her or else shed beat him up, it wouldn’t count as spousal/marital rape. It’s important to know that in all rape cases consent plays a crucial role. Consent is the act of agreeing to act freely and voluntarily and knows what he/she is getting into. Consent can be taken back mid-intercourse but if it continues it will count as rape. The use of birth controls such as condoms does not actually mean consent. If consent was taken back it needs to be clear and that a reasonable person would understand.
All types of rapes are felonies. That includes Spousal-Marital Rape. As a felony you can see a formal probation. up to 8 years in prison and additional 5 if you inflicted great bodily injury. If the rape was done by force,fear,or duress you could see a life in prison if this was not your first sex crime. You will also see up to a $10,000 fine and if done with force or fear will require you to register as a sex offender for the rest of your life.
If you or a loved one was charged with Spousal-Marital Rape, come see an attorney to know what options you have.
Domestic Violence can also be known as domestic abuse, corporal injury, spousal battery. A lot of these situations can get out of control and run rampant and is dependent on a he-said/ she-said basis which can be easily swayed by emotions. When these accusations come out, then a lot of the factual evidence can out the window. In order to be validly charged for domestic violence you have to inflict injury on your current/former spouse, the person you live with, or the mother/father of your child. You had to be willing to inflict injury. And that injury must have concluded in an actual see-able injury such as bruises, scratches, or cuts.
Domestic violence is considered a wobbler crime. This means that it can swing as either a misdemeanor or a felony. In which way it swings depends on the criminal history, and the extent of the injuries and the facts of the case. If convicted of a misdemeanor then it will include a three year informal probation. Up to one year in county jail. A max of $6,000 fine. reimbursement to the victim. A 10 year restraining order will be issued. A protective order for the victim that protects them from further violent acts. You must also complete a years worth of a batterer’s classes that meet two hours a week. And finally you must complete a community service program. These can be substantially worse if you had a prior experience within 7 years of each incident.
If convicted as a felony, then all the above is included with addition to a formal probation. Up to four years in prison. Additional years depending on the victim’s injury. A strike on your Three Strikes Law. Again if any earlier experience within 7 years, then the charges worsen.
If you were falsely accused of a domestic violence crime, then it is important to get an attorney that will listen to your case and reduce your charges.