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How serious is corporal injury on a spouse?

Northridge, CA |

My son's father got arrested for this recently. He has a history of drug arrests and all of them he got out the next day and plead out or did the service or what not. This is the first time I've seen that he's staying in over the weekend. How serious is this charge and how does it differ form battery or assault on a spouse or cohabitant? (I want to get custody for many reasons)

He was arrested for drugs and paraphenelia 6 months ago but his court date is this december. dont know why or the outcome. btw.

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Attorney answers 4

Best Answer
Posted

No offence to the prior posters, but to actually answer your question (and not just quote the penal code that might or might not be in play), the offence can be quite serious depending on the charges and the severity of the injury. DV charges can fall under a lot of code sections - for example, corporal injury on a spouce under PC 273.5 can be a felony or a misdemeanor. It can be a strike if the injuries rise to the level of GBI. If the injuries aren't serious, the DA may charge simple spousal battery, or just battery and/or assault. But it depends on the facts. This person definately will need to get an attorney.

Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.

Asker

Posted

Thank you.

Posted

Was he convicted of a domestic violence charge? Your question is unclear as you presented it and it sounds like there are additional facts which you haven't mentioned. If you are seeking a change of custody, I would speak with a skilled family law lawyer in your area as to how to proceed.

Asker

Posted

The question is unclear because it is all that I know regarding the situation. I said I wanted custody just to clarify why I knew anything at all and was curious as to the severity of the charge.

Posted

As you have presented no facts for the allegation, it is rather difficult to offer any opinion. A simple battery is frequently charged as a PC243(e) -misdemeanor. However, if the injuries inflicted are severe, the punishment can be state prison and potentially a strike.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

Asker

Posted

I know nothing about the case or report. I want custody of my son and just saw he was arrested for this. that is all.

Posted

California Penal Code § 273.5. : Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony, and upon conviction
thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.

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