The crime of domestic violence in the state of California is covered by a number of legislations. But the most basic of these is the California Penal Code 273.5 embracing among others domestic violence, domestic abuse, corporal injury, and spousal abuse or spousal battery. Under the said law, the following constitute the essential elements of the crime:

  1. That you inflicted corporal or bodily injury upon your current or former spouse, current or former co-inhabitant, or the mother or father of your child/children;
  2. That such injury was willfully inflicted; and
  3. The injury resulted to a traumatic condition on the part of the victim

Let’s further examine the foregoing elements and what do they essentially cover. Corporal or bodily injury means that the act resulted in physical harm to the victim. Hence, if the act caused emotional or psychological injury, this does not fall under the scope of the said law. The alleged offender has to be prosecuted instead under Penal Code 422 or 646.9, the latter embracing the crime of stalking in the state.

As for the second element, “willfully” inflicting the corporal injury should be interpreted to mean that the offender intended to commit the act that resulted to the injury even though he may not have intended the resulting consequences. He will still be responsible for the result of his intentional act, even if the same is graver from what he originally intended. For example, a husband who got into an argument with his wife suddenly lost his temper and starts threatening to hit her. Instead of backing off, the wife taunts him and aggravates him further. Furious, the husband intends to shut the wife up by punching her on the face. However, after he punched her, she tripped and hit her head on the table, suffering a serious concussion. Here, the husband will still be liable for the consequences of his act since he “willfully” delivered the blow to his wife’s face.

The last element concerns a “traumatic condition” that results from the bodily injury inflicted. Such traumatic condition refers to the wound or other visible physical injury suffered by the victim. The same can be just minor like a small bruise, swelling, and scratches, or it can be something more serious such as in the example earlier given. Hence, in order to defend yourself properly from charges under this California law, it is crucial that you should be represented by a highly experienced criminal defense lawyer in the state. Contact our Los Angeles criminal defense lawyers today for further questions concerning domestic violence crimes In California.