Difference Between Domestic Battery and Corporal Injury to Spouse
Learn the Difference Between a California Penal Code 243(e)(1) PC Domestic Battery and Penal Code 273.5 PC Corporal Injury to Spouse.
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 basically domestic violence and can be charged as a felony or a misdemeanor.
Then the prosecutors will give you the lesser charge of Penal Code 243(e)(1), which is domestic battery.
Injuries are the Key Factor in Domestic Violence Cases
The difference between the two is injury. In the PC 273.5, the person is going to have some sort of an injury. Whereas, in the PC 243(e)(1), you can commit a battery against your significant other and there can be no visible injury for the police to take a picture of.
That’s really the difference between the two. That’s why I would say the PC 273.5 is the more serious one because that is an injury on 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.
Whereas, in the 243(e)(1) domestic battery charge, it’s just 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 the fact of there not being a visible injury when the police arrive is that it gives you a chance to try to win the case. A lot of times the prosecutors won’t even file those cases where the person has a clean record and there is no injury, because that kind of leaves things up for grabs as to whether there really was anything that 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.
Because 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 really cooperating, that puts them in a bad position.
Contact the Hedding Law Firm If Charged with Domestic Violence
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, and obviously, whatever the police say, and they’re going to use whatever the defendant said as well.
So, the bottom line is this. If you’re charged with either a 273.5 domestic violence or 243E, pick up the phone.
Ask to speak to Ron Hedding. I’ve been doing this for 26 years. I can help you, but you have to make the call, set up the meeting and we’ll protect your rights, your freedom, your reputation and your career.
Hedding Law Firm is a top-rated criminal defense law firm located in the San Fernando Valley area of Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact our office for a free case evaluation at (213) 374-3952.
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