This issue comes up a lot in domestic violence cases because people can't figure out why they're charged with one or the other. Sometimes, when you're charged with California Penal Code Section 273.5, corporal injury to a spouse, which is domestic violence, can be charged as a felony or a misdemeanor.
Then, the prosecutors will give you the lesser charge of Penal Code 243(e)(1), domestic battery. The difference between the two is injury. In PC 273.5, the person will have some injury. Whereas, in PC 243(e)(1), you can commit battery against your significant other without visible injury for the police to take a picture of.
That's the difference between the two. That's why I would say PC 273.5 is the more serious one; it is an injury to a person. The police will bring their camera and take a picture of any injury, and then they'll use that to prosecute the person.
The 243(e)(1) domestic battery charge is harmful or offensive touching. So, if someone shoves somebody, slaps them in the face, punches them, and there is no visible injury when the police get there, that would be a 243E.
One good thing about not having a visible injury when the police arrive is that it gives you a chance to try to win the case. Often, the prosecutors won't even file cases where the person has a clean record and no injury because that leaves things up for grabs as to whether anything happened.
A jury is going to want to see something — they're going to want to see an injury on the person if the police are going to try to claim there is a battery.
A lot of times, the alleged victim in these cases doesn't cooperate with the prosecutors when push comes to shove at the trial. So, if they don't even have an injury and that person is not cooperating, that puts them in the wrong position.
Best Strategy to Defend a Corporal Injury to a Spouse Case
Understanding the legal terminology related to domestic violence cases, particularly corporal injury to a spouse, is crucial. This term refers to situations where married individuals engage in a dispute or altercation, resulting in one party using force against the other. The charge of corporal injury to a spouse, Penal Code Section 273.5, is applicable when an injury is sustained.
In these cases, you'll see that in addition to arresting the person, they will take photographs of the victim's injuries to prove that this was a corporal injury to the spouse. They'll also make the person post a $50,000.00 bond and give them a court date.
Protective Order
When the person arrives at the court date, the judge will order that the person stay 100 yards away from their significant other, which creates big problems in a family where a husband is ordered to stay away from a wife.
I've been doing this for 30 years, and in most of those years, we were able to get a level 1 protective order where the person could still be within 100 yards of their significant other; they just couldn't hit them in any way or do any other type of domestic violence activity.
But in today's society, for whatever reason, the courts are adamant that this protective order goes into place. So, there are some strategies we can use to try to combat this. For example:
- have you enrolled in a domestic violence program before the court date and show that they're serious about this not happening again;
- your criminal history;
- your family situation.
Depending on the facts and circumstances of your case, there are other things that make sense that we can discuss.
Experienced Legal Defense Matters
The Crucial Role of a Private Criminal Defense Attorney in Your Case
Another thing we can do to try to mitigate things and get the best result is to get character letters to show what type of person you are – to show the other side of the story. So many times, the police do a one-sided investigation. They don't get your point of view across.
So, what I have you do is come, and we will sit down and discuss your case and get our roadmap together of exactly how we will handle the case to bring you the best possible result.
I need you to be honest with me. Please give me all the information that you have. Don't hold anything back even if it's not beneficial to you, and I will use my experience to figure out exactly how to attack the case and get you the best possible result.
They're going to use the bodycam of the police officer and the statement of what the person said, and they'll use the surrounding circumstances. Whatever the police say, they will use whatever the defendant says as well. So, the bottom line is this. Pick up the phone if you're charged with a 273.5 domestic violence or 243E.
