If a person inflicts a physical injury on a spouse, former spouse, cohabitant, or former cohabitant, or on any person who is the mother or father of his or her child, that person may be charged with corporal injury on a spouse or cohabitant. These forms of abuse are all considered to be a felony.
In addition this crime may also be charged under a different penal code section as misdemeanor depending on the facts of the case. Often times an experienced criminal lawyer will be able to have the authorities lower the charge from a felony to a misdemeanor.
It is not necessary that a spousal relationship exist. Merely the fact that a person has the requisite relationship, as stated above, is enough for the crime to constitute corporal injury on a spouse or cohabitant.
Many times this crime is charged when a dispute occurs between two people and the police are called as a result. Often times people will say things to the police in the "heat of the moment" and it results in drastic consequences not only for the person accused but for the victim and the rest of the family.
If you or a loved one is being charged with this crime, they will need to obtain a qualified criminal defense lawyer who will defend their rights. Often times these types of cases can be defended and the charges dropped or lowered if a lawyer conducts a zealous and thorough defense. The nest thing you can do for yourself or your loved one is to hire a criminal defense lawyer as soon as possible.
If the Defendant has prior conviction then the penalties increase and may be up to two, three, or four years, or by both imprisonment and a fine. Other sentence enhancements may apply depending on a specific case as well. For instance, if the defendant has inflicted a serious injury on the victim then additional penalties may apply.
These sentences however, may often times be avoided with the help of a qualified criminal defense lawyer. Often times a good lawyer will convince the court to grant his client probation and counseling. Other times a case such as this can be tried and won in front of a jury.
The criminal defense lawyers at the Sigal Law Group understand that when you are charged with a crime that it is your freedom and your family that is at stake. We will work tirelessly for you to make sure that that doesn’t happen.
Contact the Sigal Law Group today for a free consultation. One of our attorneys will be happy to assist you and answer all of your questions. Your road to freedom starts with a phone call or an email. Contact our Los Angeles spousal abuse attorneys today.