Corporal Injury

Corporal Injury Lawyer in Orange County

If you or somebody you know has recently been arrested for domestic violence against your significant other you’re likely to be facing charges of corporal injury charges.

If you’ve been arrested for domestic violence and charged with corporal injury towards your significant other you must contact the Orange County domestic violence attorney specialist at the Law Office of Michael L. Guisti right away at 888-478-8999, because this is a very serious charge that could send you to prison.

Our attorneys and legal experts have over a decade of experience in successfully defending our clients accused of domestic violence and corporal injury charges in the courts of Orange, Los Angeles San Bernardino, Riverside and San Diego.

What is Corporal Injury on a Spouse?

As our Orange County corporal injury lawyers explain, under Penal Code (PC) 273.5 corporal injury is the crime of inflicting bodily injury on your current or former spouse, a person with whom you live or have lived with, such as a roommate, or the other parent of your child.

How Were the Police Alerted?

Chances are a neighbor called 911 when he/she heard yelling from your house or where ever the alleged incident took place, or it’s possible the alleged victim called police in hopes of “revenge.” Law enforcement take calls of alleged domestic violence very seriously and most times when they arrive on scene, regardless of any evidence, the man is usually singled out and many times the woman will tell police you inflicted some kind of injury on her, which leads you to be arrested.

This is why you need a professional Orange County criminal attorney who can show the district attorney you’re not guilty of the crime and were singled out by police based only on what the other person said with no evidence of a corporal injury taking place.

How Does the Prosecution Prove I Committed Corporal Injury?

There must be three things the prosecution must prove to show you committed this crime, the first, you inflicted corporal injury, the second, you willfully caused and inflicted the injury, and third, the injury resulted in a “traumatic condition.” If prosecutors cannot show you willfully inflicted corporal injury nor provide any evidence you left the person in a “traumatic condition” then you must be found not guilty of this crime.

What is a Corporal Injury?

A corporal injury is a bodily injury as the result of physical contact, such as hitting, kicking, and slapping.

It’s very important to note emotional injuries aren’t considered corporal injuries, but if the victim alleges emotional distress you could possibly be charged with PC 422 making criminal threats, PC 240 assault, or possibly PC 646.9 stalking.

What Does “Willfully” Mean?

"Willfully" means deliberately or on purpose and hat you intended to commit the act.

As the Orange County domestic violence lawyers explain, now sometimes in heated arguments somebody may through something on the ground in a fit of anger, but maybe the object accidentally bounces back up and hits the person. If this is the case then you didn’t “willfully” inflict corporal injury on your spouse and you shouldn’t be charged with this crime.

What is a Traumatic Condition?

A traumatic condition is a bodily injury, no matter how minor or serious, caused by the directly by the suspect’s willful physical force. It’s very important to understand for charge of corporal injury to stand there must be some visible injury on the person's body, and that injury can be something very minor or very serious.

What if the Alleged Victim Wants to Drop Charges?

If the victim soon after goes to police or the district attorney and says he/she wants to drop charges chances are highly unlikely charges against you will be dropped.

As our Orange County criminal defense attorney explains, California law views domestic violence against both the victim and state, which means prosecutors will still proceed as long as they believe the crime was committed, and they have evidence. Mainly California domestic violence laws are designed to protect the victim from their alleged attacker who may be scared to testify, and thus the state steps in to ensure domestic violence cases are seen through. Basically, the state is stepping in to attempt to end the abuse.

What if the Victim Doesn’t Show Up to Court?

According to our Orange County domestic violence defense lawyers if the victim doesn’t show up for court the case is simply not dropped, rather the court will seek to subpoena the alleged victim to court, or the judge will “order” the alleged victim to testify in court.

If after being subpoenaed or “ordered” to court by the judge the victim still doesn’t show up to testify a bench warrant will be issued for the victim, which he/she will be arrested and brought into court by police.

What if the Victim Still Cannot be Located?

If after the district attorney, courts and police exhaust all their power to locate the victim the prosecution will not be able to continue criminal proceedings against you, because the United States Supreme Court has ruled and affirmed a suspect’s Constitutional right to confront and cross examine the alleged victim and witnesses.

Important Note

Even if the alleged victim cannot be located the Orange County criminal defense lawyers need to stress California Evidence Code 1291 allows introduction of an unavailable victim’s or witnesses' prior testimony, only if that victim and/or witness was subject to cross-examination on a previous occasion, such as during a preliminary trial.

For this to proceed the district attorney must show the court the victim and/or witness is unavailable and that the prior testimony was cross-examined.

What if the Victim Changes their Testimony and Denies Anything Happened?

In situations like this generally what will happen is the prosecution will play recorded interviews and read transcripts of the victim alleging the suspect willingly performed an act of corporal injury, and they can even show photographs of the injury.

Our Orange County domestic violence defense attorneys explain for this to happen the alleged victim must be in the courtroom. If the alleged victim doesn’t show up to court after changing his/her story then these statements made to police and the DA alleging a crime took place cannot be introduced into the trial.

Defending the Charge of Corporal Injury to a Spouse

We understand you’re facing a serious charge and a serious social stigma, and that is why our Orange County criminal attorneys will work the best defense for you and we make sure the court hears your side of the story.

Self-Defense

There have been many cases where a spouse has been arrested for corporal injury only to be released when it’s learned the act was a case of self-defense.

They’re many cases where one person begins swing their arms and to hold that person back you use a self-defense mechanism that accidentally leaves a “mark” on the person. The police arrive and they her one person say “he hit me,” and you try to explain it was self-defense, but the police believe an act of corporal injury took place and arrest you.

As long as it was an accident and you didn’t willingly commit the act you cannot be found guilty of this crime.

Falsely Accused

Our Orange County criminal defense lawyers have seen many cases where an emotionally charged spouse will make up a false claim to police and even go so far as to leave some kind of injury. When police arrive on scene they see somebody with an injury claiming you caused that injury, and despite your innocence you end up arrested.

This is another reason why you must hire an experienced Orange County domestic abuse lawyer, so we can investigate and show the court you never laid a hand on the other person.

If Convicted of Corporal Injury of a Spouse

Corporal injury of a spouse is a “wobbler,” which means it can be charged either as a misdemeanor or felony. What it will be charged as depends on the extent of the injury and your criminal record.

If you’ve been accused of this crime you must contact an Orange County attorney now so we can work to possibly have the charge filed as a misdemeanor, if not outright dismissed.

Misdemeanor Corporal Injury of a Spouse

If convicted of misdemeanor corporal injury of a spouse you face a minimum three-year informal probation, up to a one year in Orange County jail and a minimum f15 days in jail if the conviction was within seven years of a previous conviction for Penal Code 242 battery, Penal Code 243.4 sexual battery, and at least 60 days in jail if the conviction was within seven years of two prior convictions, fines up to $6,000 or payments to a battered women's shelter up to $5,000 and/or reimbursement to the alleged victim, a restraining order that prohibits you from having any contact with the alleged victim for up to ten years, completion of a community service program and completion of at least one year's worth of batterer's classes.

Felony Corporal Injury of a Spouse

If convicted of felony corporal injury of a spouse you face formal probation, between two to four years in a California State Prison, an additional and consecutive three to five year prison sentence if the alleged victim sustained a "great bodily injury," and a possible “strike” on your record per California’s Three Strikes Law.

Call Orange County Domestic Violence Defense Attorney Michael L. Guisti Now!

We understand this is a very difficult time for you and this may be embarrassing, but be assured the Orange County domestic violence defense attorney specialists at the Law Office of Michael L. Guisti will take care of you and make sure your side of the story is heard.

Please give us a call at 888-478-8999.

Just because you’re arrested for corporal injury of a spouse doesn’t automatically make you guilty. Every story has two sides, and we’re here to tell your side of the story and ensure your freedom.