Corporal Injury Defense at The Law Offices of Arash Hashemi

Corporal injury on a spouse or cohabitant involves the willful infliction of physical harm on an intimate partner. Charges under California Penal Code 273.5 can range from causing minor injuries to severe bodily harm, and convictions can lead to significant legal penalties, including felony charges, imprisonment, and mandatory domestic violence counseling. The prosecution must present relevant evidence and prove all elements of the crime beyond a reasonable doubt. While evidence of physical injury is crucial for a conviction, the injury does not have to be severe—minor scratches can suffice under this statute.

The moment you face arrest and charges under this statute, it is crucial to start building a defense to avoid the harsh consequences of a conviction. Hiring a skilled attorney to guide you through the defense process is essential. At The Law Offices of Arash Hashemi, we have been defending California residents against various criminal charges since 2003. With over 20 years of experience, Attorney Arash Hashemi provides expert legal representation for individuals accused of corporal injury. Our firm meticulously analyzes each case, scrutinizes the evidence, and develops a strategic defense tailored to challenge the prosecution’s claims effectively.

Early intervention by our attorney can be critical to the outcome of your case. Addressing legal challenges promptly allows for the mitigation of potential damages, the gathering of vital evidence, and engagement in negotiations that may prevent the escalation of charges.

If you or someone you know is facing corporal injury charges in Los Angeles, it is essential to seek experienced legal counsel immediately. Contact our office at (310) 448-1529 or fill out our online contact form to schedule a consultation. Attorney Arash Hashemi is dedicated to standing by you, providing unwavering support and strategic defense to secure the best possible outcome in your case.





    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.

    Defense Strategies for Corporal Injury Allegations

    Self-Defense: a fundamental right that allows individuals to protect themselves from immediate harm. If you believe that the alleged victim was trying to harm you, you are entitled to defend yourself. To successfully argue self-defense, you must establish:

    • Reasonable Belief of Threat: You reasonably believed that you or someone else was in imminent danger of significant bodily injury.
    • Necessity of Action: You believed that your actions were necessary to prevent harm to yourself or another person.
    • Proportional Response: You used only the amount of force necessary to protect yourself, without intending to harm the other person.

    False Accusations: can arise from various motives, such as jealousy, revenge, or personal gain. To combat false allegations, the defense must show:

    • Motive for False Claims: Identifying any reasons the accuser may have for making false allegations.
    • Inconsistencies in the Story: Highlighting discrepancies in the accuser’s statements.
    • Supporting Evidence: Providing evidence, such as witness testimonies or communications, that contradicts the accuser’s claims.

    Accidental Injury: In some cases, the injury may have occurred accidentally without any intention to cause harm. This defense involves:

    • Lack of Intent: Demonstrating that the injury was not inflicted willfully.
    • Accidental Circumstances: Providing evidence that the injury was an unintended consequence of an accident.

    Insufficient Evidence: For a conviction, the prosecution must prove all elements of the crime beyond a reasonable doubt. If the evidence is weak or unreliable, the defense can argue:

    • Weaknesses in Prosecution’s Case: Pointing out flaws or gaps in the prosecution’s evidence.
    • Unreliable Witnesses: Challenging the credibility of the prosecution’s witnesses.
    • Lack of Concrete Proof: Emphasizing the absence of definitive evidence linking the accused to the crime.

    Mistaken Identity

    Mistaken identity can occur when the wrong person is accused of the crime. This defense involves:

    • Alibi: Providing evidence that the accused was not at the scene of the incident.
    • Misidentification: Showing that another individual was responsible for the injury.

    Why Choose The Law Offices of Arash Hashemi?

    When facing corporal injury charges in Los Angeles, you need a defense attorney with extensive experience and a proven track record. Our attorney, Arash Hashemi, has been an active member of The State Bar of California since December 2002. On his second day as a lawyer, he was already in court, participating in a bench trial. Over the years, he has successfully handled a wide variety of criminal cases, from simple misdemeanors to complex felonies, including domestic violence.

    Our firm has represented thousands of Californians accused of violating their probation or parole and has argued cases before the California Court of Appeals. Attorney Arash Hashemi is admitted to practice before all California State Courts and the United States District Courts for the Northern, Eastern, Central, and Southern Districts of California. We bring dedication and a deep understanding of California’s criminal justice system to every case we handle.

    Contact a Los Angeles Corporal Injury Defense Attorney & Schedule Your Consultation Today

    Los Angeles Corporal Injury LawyerIf you are facing corporal injury charges, don’t wait to seek legal assistance. With over 20 years of experience in criminal defense, our firm is dedicated to providing professional, effective legal representation. We understand the serious implications of these charges and are committed to protecting your rights and future.

    Schedule a Consultation:





      11845 W Olympic Blvd #520, Los Angeles, CA 90064

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      Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.