Orange County Domestic Violence: Willful Infliction Of Corporal Injury

Law Offices of EJ Stopyro
Orange County Domestic Violence Lawyer
Criminal Defense Attorneys in Orange County

 A domestic violence crime is essentially an assault and battery where the victim is in a special relationship with the defendant. The type of special relationship needed to charge domestic violence in an Orange County court depends on which code section you are charged with.  For example, if domestic violence is charged as simple misdemeanor domestic violence battery (penal code section 243(e)(1), then even a previous dating relationship between the victim and the defendant will support a charge of domestic violence. However, any domestic violencelawyer in Orange County will tell you that a charge of Willful Infliction of a Corporal Injury cannot be brought unless the victim is a spouse, former spouse, cohabitant, former cohabitant, or parent of the victim’s child. (penal code section 273.5)

Section 273.5 of the penal code, willful infliction of corporal injury, is called a “wobbler”. This means that if the special relationship exists, then felony or misdemeanor charges of domestic violence can be brought. Domestic violence lawyers know that it is usually the severity of the injury or the record of the defendant that will determine whether the district attorney charges a felony or a misdemeanor. If the defendant has a prior charge of domesticviolence on their record, the penalties upon conviction are usually more severe.

Orange county domestic violence lawyers also know that in order to be convicted or this charge the DA must prove that the defendant inflicted a “corporal injury” that resulted in a “traumatic condition”. Traumatic condition means a condition of the body, such as a wound or external or internal injury. (Penal Code section 273.5(c)) A misdemeanor charge of domestic violence under this section is punishable by up to one year in the Orange County jail. Often, if the defendant has no record of domestic violence, an experienced Orange County criminal defense lawyer can negotiate a deal resulting in probation and an anger management program. However, if the defendant has any prior domestic violence convictions within the past seven years, then some jail time is mandatory under this section.  Felony domestic violence under section 273.5 can result in up to four years in the California State prison. Again, your domestic violence lawyer will tell you that a prior domestic violence offense will mandate custody time.

If you have been arrested for domestic violence, assault andbattery,  drugs, theft, DUI, marijuana sales or any other crime in Orange County it is in your best interest to consult with an experienced Orange County criminal defense lawyer. Call the Law Offices of EJ Stopyro today at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

Criminal Defense Lawyers in Orange County
Orange County Domestic Violence Defense Attorneys