Understanding Corporal Injury Under California Law

Corporal injury involves the intentional infliction of physical harm on another person, resulting in a traumatic condition. When this harm is directed towards an intimate partner, it falls under California Penal Code 273.5. It’s important to differentiate between corporal injury on a spouse and domestic battery, as they involve different legal standards and penalties.

Key Differences Between Corporal Injury and Domestic Battery

• Requirement of Injury: Unlike domestic battery (PC 243(e)(1)), which does not require proof of injury and can result from a minor touch, corporal injury requires evidence of physical harm. This means that for corporal injury, there must be a visible or tangible injury inflicted on the victim.
• Penalties: Convictions for corporal injury typically result in more severe penalties compared to domestic battery due to the presence of physical harm.

Essential Elements for a Conviction Under PC 273.5

1. Willful Infliction of Injury
   • The act must be intentional, not accidental. The prosecution needs to show that the accused deliberately caused harm to the victim. Injuries that occur incidentally or without intent do not meet this criterion.
   • Examples of willful actions include hitting, pushing, shaking, or any other physical force that causes injury.
2. Resulting in a Traumatic Condition
   • A traumatic condition refers to any physical injury or wound caused by the use of force. This can include bruises, cuts, sprains, fractures, internal bleeding, or any other significant physical harm.
   • The injury must be a direct and natural consequence of the accused’s actions. Even minor injuries like cuts or bruises can qualify if they result from deliberate force.
3. Relationship to the Victim
   • The victim must be an intimate partner of the accused. This includes various types of relationships such as current or former spouses, cohabitants, fiancés, dating partners, or parents of a child in common.
   • The nature of the relationship can be proven by factors such as shared living arrangements, joint financial responsibilities, mutual recognition of the relationship, or shared parenting duties.

Examples of Intimate Partner Relationships

• Cohabitants: Individuals who live together in a long-term, intimate relationship similar to a marriage.
• Spouses: Legally married partners.
• Fiancés: Individuals engaged to be married.
• Parents of a Shared Child: Biological or adoptive parents who share a child.
• Dating Partners: Individuals who are in a significant romantic or sexual relationship.
• Domestic Partners: Legally recognized domestic partnerships.

Penalties for Corporal Injury Conviction In California

Misdemeanor Conviction Penalties

• Imprisonment: Up to one year in county jail.
• Fines: Up to $6,000.
• Probation: Up to three years of informal or summary probation, which includes conditions similar to those for felony probation.
  • Domestic Violence Classes: Mandatory attendance in a 52-week domestic violence program.
  • Restraining Orders: Possible issuance of restraining or protective orders.
• Firearm Ban: Prohibition on owning or possessing firearms for ten years under California law. Federal law may impose a lifetime ban on firearm possession.

Felony Conviction Penalties

• Imprisonment: Two, three, or four years in state prison. Alternatively, courts may impose up to one year in county jail.
• Fines: Up to $6,000, with potential increases in specific circumstances.
• Probation: Formal probation for at least three years.
  • Domestic Violence Classes: Mandatory completion of a 52-week domestic violence program.
  • Additional Penalties:
    • Payment of up to $5,000 to a battered women’s shelter.
    • Reimbursement to the victim for medical or counseling services.
    • Issuance of restraining or protective orders.
• Firearm Ban: Lifetime prohibition on owning or possessing firearms.

Enhanced Sentencing for Repeat Offenders

• Repeat Offenses: If the defendant has a prior conviction for battery or assault within seven years, the penalties are more severe.
  • Imprisonment: Additional imprisonment ranging from two to five years or up to one year in county jail, with a mandatory minimum jail term for repeat offenses.
  • Fines: Fines for repeat offenses can escalate to $10,000.

Probation Conditions

When a defendant is granted probation instead of jail time, they must adhere to specific conditions to remain out of jail. These conditions can include:

• Financial Obligations: Payment of fines, restitution to the victim for expenses like medical and counseling services, and contributions to shelters.
• Educational Requirements: Participation in a 52-week domestic violence class.
• Service Commitments: Completion of community service or Caltrans roadside work.
• Legal Compliance: Adherence to all laws, including any restraining or protective orders, which can prohibit contact with the victim for up to ten years.
• Mandatory Jail Time for Prior Offenses: At least 15 days in jail for a prior assault or domestic violence offense within seven years, or 60 days for two or more prior offenses.

Violating Probation

Failure to comply with probation conditions results in a probation violation hearing. Depending on the severity of the violation, a judge may:

• Continue probation unchanged.
• Impose stricter probation conditions.
• Revoke probation, resulting in the defendant serving the original jail or prison sentence.