April 8

PC 273.5, Corporal Injury of a Spouse

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PC 273.5

Matters of domestic violence are taken very seriously in a court of law. In California, PC 273.5, Corporal Injury of a Spouse, Cohabitant or Fellow Parent has been in place for some time now. However, the law is being expanded in 2014 to include the addition of other classes of individuals. This addition is included in section (b), subdivision (4), and “dates” and “fiancé” and “fiancée” will be placed in the list of victims of this crime. PC 273.5

 

While it is obviously the case that spousal abuse, battery, and domestic violence do occur all too often, there is another side to many situations. Many times, an individual will be falsely accused of committing abuse towards either their spouse, the other parent of their child, their girlfriend/boyfriend, fiancé/fiancée, or date. Emotionally charged situations can turn into reports of physical violence, when there actually was none or the matter is exaggerated in some way.

 

The Elements That Are Required to Convict Under PC 273.5

 

There are several elements that must be proven by a prosecutor before you can be convicted under California PC 273.5. For one, it must be proven that you inflicted injury upon someone who falls under the category in the classes of individuals listed above. If this has been proven for the purpose of PC 273.5, the next element is to show that you willfully inflicted the injury. Also, the evidence must show that this injury resulted in a “traumatic condition” for the individual. These charges may be fought through some defenses, including that you were defending yourself or that it was an accident.

We Are Here to Help

When you have been unjustly accused of a domestic violence crime PC 273.5 that you did not commit, contact a reputable attorney who will handle your case professionally. Make sure that you ask around for recommendations, and choose a lawyer who will be compassionate and capable of handling such matters. A great lawyer will tell you what is going on, explaining every step of the process so you can rest easier knowing that the case is in good hands.

About the author 

Hieu Vu

“To the client, every angle is important, there’s a number of questions, and each person also have their own worries. Some will need a person to listen to them. At the end of the day, it’s more than just delivering legal results. I put a 110% into every person I work. I strive to make sure everyone knows what is going on and is kept in the loop as the case goes on. The practice of law is more than just getting the results in court.” -Hieu Vu

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