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Is Corporal Injury to a Spouse the Same as Domestic Violence?
The main distinction between domestic violence and corporal injury is that in a corporal injury, physical injuries are inflicted. This makes the crime of corporal injury to a spouse a type of domestic violence offense. However, domestic violence charges do not necessarily require there to be a physical injury.
The corporal injury classification makes the offense more severe than simple domestic violence. The penalties for a conviction are higher, and there are potential sentencing enhancements.
Corporal Injury as a "Wobbler" Offense
In many jurisdictions, the crime of inflicting corporal injury on a spouse or cohabitant is considered a “wobbler” offense, which means that the crime can be charged either as a misdemeanor or a felony, depending upon a number of factors.
When determining how an offender should be charged, prosecutors will consider the following:
- The specific facts of the case
- The severity of injuries suffered by the victim, and
- The offender's prior criminal history (if any) ...
What is the Long-Term Impact of Corporal Injury?
Victims of corporal injury may suffer from long-term psychological harm, including:
- Difficulty sleeping
- Suicidal thoughts
- Anxiety
- Increased anger
- Feelings of resentment
- Outbursts of aggression
- Deteriorating peer relationships
- A tendency for school avoidance
What is the Statute of Limitations on Corporal Injury?
In California and many other states, there is a 5-year statute of limitations for the following crimes: Corporal injury on spouse or cohabitant (273.5 PC) Mandated reporter failing to report sexual assault. Crimes against elderly or dependent adults (not including theft or embezzlement).
Also Read: Corporal Injury VS Domestic Abuse
What to Do if You've Been Accused of Corporal Injury
Corporal injury has the potential to be a very serious criminal charge, which is why you should speak to an experienced spousal abuse lawyer at Schmidt & Clark if you've been accused of this or another similar crime. If you hire our law firm before charges are filed, our attorneys will take a proactive approach to your case.
By fighting aggressively for you before charges are filed, your attorney may be able to get the charges dropped or talk prosecutors into filing misdemeanor charges instead of felony charges. Contact us today to learn more about your legal options and rights.
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If you feel affected by any of these matters, you should contact a criminal defense attorney and seek help.
FAQs
1. What Types of Damages Can Be Claimed for Corporal Injury?
Damages may include medical expenses, lost wages, pain and suffering, emotional distress, and, in some cases, punitive damages if the injury resulted from gross negligence or intentional harm.
2. How Does Corporal Injury Impact Legal Proceedings and Potential Compensation?
Corporal injury affects legal proceedings by establishing the basis for claims and potential compensation, influencing case outcomes, and determining the extent of damages awarded based on the injury’s severity.
3. What Evidence Is Required to Prove a Case of Corporal Injury?
Evidence typically includes medical records, eyewitness testimony, photographs of injuries, expert opinions, and any relevant documents demonstrating the extent and cause of the corporal injury.
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The Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was involved in any of these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.