When we speak of domestic violence or abuse in the state of California, the applicable legislation to be studied is California Penal Code 273.5 PC. This legislation covers in essence domestic violence, domestic abuse, spousal abuse or spousal battery, and corporal injury. If you would note from the scope of the said law, the same deals with bodily injury or injuries inflicted on the following persons:

  • A current or former spouse.
  • A person with whom you have lived with.
  • The mother or father of your child or children.

For you to be convicted of the crime of domestic abuse, the prosecution must prove that the said bodily injury or injuries have indeed been inflicted on the above-enumerated persons, you willfully inflicted such injury or injuries, and the same resulted to a traumatic condition on the part of the victim. Some of the more common forms of bodily injury that can be considered under this law are hitting, kicking, punching, slapping, and pushing which can result to physical injuries on the victim.

There are so many cases wherein individuals have been wrongly accused under this legislation which is why it is crucial for you to be sufficiently aware of what the crux of the crime really is. Above all else, you should immediately get in touch with an experienced criminal defense lawyer in the state the moment a charge is filed against your person. Be warned that the legal consequences of this crime are quite severe, especially when the charge involves allegations of very serious bodily injuries.

By far, the most effective defense when it comes to domestic violence under California Penal Code 273.5 PC is SELF-DEFENSE. A lot of cases have actually been dismissed owing to the defense being able to prove that the injuries arose out of a mutual struggle. For example, a husband and wife get into a verbal altercation leading the wife to lose her temper and start throwing things at her husband. The latter rushes and attempts to grab her hands to stop her from further throwing stuff around and they end up crashing on the floor and the wife hitting her head or other parts of her body. The wife will then claim that bodily injury had been inflicted by the husband. Note, however, that the vital element of “willful intent to injure” is missing here and THAT is what your lawyer needs to prove.

Other defenses involve ACCIDENT and the throwing around of FALSE ACCUSATIONS or possibly a frame-up by the incensed spouse. The latter is still a classic case even in today’s sophisticated society. Fits of jealousy usually lead one spouse to concoct believable stories of physical abuse inflicted by the other eventually leading to the latter’s arrest. See our experienced team of criminal defense lawyers today and properly protect yourself from these unjust charges.