Corporal Injury to a Spouse in San Jose, CA
Being accused of domestic violence in San Jose, CA, can be a frightening and overwhelming experience. It can also have severe consequences, including a criminal history, potential incarceration, and permanent damage to your personal and professional reputation.
One of the most critical steps you can take is to speak with an experienced attorney who specializes in domestic violence cases. For help with a corporal injury to a spouse charge in San Jose, contact Ahmed & Sukaram, Attorneys at Law, to schedule a free consultation. Contact us at (408) 217-8818.
How Ahmed & Sukaram, Attorneys at Law Can Help If You’re Arrested for Corporal Injury to a Spouse
Being charged with domestic violence in San Jose is a serious criminal offense that can have grave consequences on your life. It is important to seek the help of an experienced San Jose domestic violence lawyer who can protect your rights and provide you with the best defense possible.
We’re a highly-respected criminal defense law firm in San Jose. To date, we’ve won thousands of criminal cases and have taken over 50 to trial. Our San Jose criminal defense lawyers have more than 30 years of combined experience. Here’s how Ahmed & Sukaram, Attorneys at Law, can help with your case:
- The first step in building a strong defense for your domestic violence charge is to investigate what happened. We will obtain medical records if they exist, talk to witnesses, and look for video footage if available.
- There are several reasons a person may make false allegations of domestic violence, such as a bitter divorce, seeking child custody, or wanting to hurt the accused. We will explore any potential motives for false allegations and use this information to build a strong defense.
- In some cases, negotiations with prosecutors may lead to lesser charges or penalties, especially if there is a lack of evidence to support the allegations. Our team will negotiate with the prosecutor on your behalf and try to obtain the best possible outcome for your case.
- If negotiations with the prosecutor are unsuccessful, we will fight your case at trial. Our team will present all evidence and provide a robust defense, arguing your innocence and protecting your rights.
For help with a corporal injury to a spouse charge in San Jose, California, contact Ahmed & Sukaram, Attorneys at Law, to schedule a free consultation.
Overview of Corporal Injury to a Spouse Charges in California
One of the most common domestic violence charges in California is corporal injury to a spouse. To be guilty of this crime, an individual must willfully inflict corporal injury resulting in a traumatic condition on a spouse or cohabitant. It is important to understand the legal definitions of the terms used in this statute.
What Does Willfully Mean?
Willful behavior involves knowingly and purposely carrying out specific actions. The perpetrator must have intended to commit the act that resulted in the victim’s injury.
This type of behavior includes using any part of the body or an object to inflict injury or harm on the victim. The perpetrator does not need to have intended to cause significant harm, just intended to commit the act that resulted in harm.
What Is a Cohabitant?
Cohabitation is defined as two unrelated individuals living together for an extended period of time. This can be someone’s spouse/former spouse, fiancé/fiancée, someone from a dating relationship, or parent of a child.
Cohabitation can be evidenced in various ways, including sharing income and expenses, being in a long-term romantic relationship, having sexual relations while sharing the same space, or owning property together.
The Victim Must Have Suffered Physical Injury
Corporal injury requires the victim to suffer some sort of physical injury, and the victim must have tangible evidence of the injury. This could be visible bruising, cuts, or other injuries that can be verified.
What Are the Penalties for Corporal Injury to a Spouse in San Jose, California?
If you are convicted of corporal injury to a spouse, it can be charged either as a misdemeanor or a felony. The decision of how to charge you depends on various factors, including the severity of the injury you caused, your criminal record, and whether you used a deadly weapon.
A misdemeanor conviction carries a penalty of up to 12 months in jail, $6,000 in fines, and/or probation, while a felony conviction carries a penalty of 2-4 years in prison, $6,000 in fines, and/or probation.
However, the legal consequences of a domestic violence conviction are not the only thing you should worry about. You may also face the permanent loss of your right to own firearms.
If you have a professional license, such as a doctor or lawyer, you could lose it as well. This could have a severe impact on your career and financial stability.
Additionally, if you are convicted of domestic violence, your spouse or cohabitant could obtain a domestic violence restraining order against you. This order would prohibit you from contacting the victim or living in the same home as them. If you violate this order, you could face additional criminal charges.
What Defenses Can Be Raised If I’m Accused of Corporal Injury to a Spouse?
Being charged with inflicting corporal injury on a spouse or cohabitant can be a stressful and confusing experience. However, there are defenses available. Some of the most common include the following:
It is not uncommon for false accusations to be made during domestic violence cases. In some situations, a jealous or vengeful spouse may make false claims of physical abuse.
Victim Not Spouse or Cohabitant
Corporal injury charges can only be levied against those accused of inflicting injury on their spouse or a person living in their household as a cohabitant. If the victim was not your spouse or cohabitant, you may be able to use this as a defense.
California law recognizes the right to self-defense in certain situations, and this defense may be available to you if you were acting to protect yourself.
If the injury inflicted on the victim was the result of an accident, you may be able to use this as a defense.
Schedule a Free Case Evaluation With Our San Jose Corporal Injury to a Spouse Lawyers
If you have been charged with domestic violence, it is crucial to act quickly and contact an experienced criminal defense lawyer. For help with a corporal injury to a spouse charge in San Jose, contact Ahmed & Sukaram, Attorneys at Law, to schedule a free consultation.
San Jose Criminal Lawyer Review
Our Domestic Violence Defense Law Office in San Jose
1625 The Alameda, Suite 405 San Jose, CA 95126
San Jose, CA Courts
- Superior Court of Santa Clara County
191 N First St, San Jose, CA 95113
- Santa Clara County Family Court
201 N First St, San Jose, CA 95113
- County of Santa Clara Hall of Justice
190 W Hedding St, San Jose, CA 95110
- Santa Clara County Courthouse
1095 Homestead Rd, Santa Clara, CA 95050
- How Much Time Am I Looking At for a Domestic Violence Charge Under PC 273.5?
- What Constitutes Domestic Violence in California?
- False Domestic Violence Allegations: How You Can Avoid Wrongful Allegations in California
- Prosecution Tactics in Domestic Violence Cases in San Jose, CA
- What Happens When a Domestic Violence Victim Doesn’t Want To Press Charges?
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