Corporal injury to a spouse In California – Penal Code 273.5
When you work with our team, we will guide you through each step of the bail bonds process, from the initial arrest to your bail bond being exonerated.
Our bail bondsman’s goal is to help you get your friend or loved one out of jail as quickly as possible.
The Bail Bonds Process
When in jail for a domestic abuse charge such as corporal injury to a spouse, an individual should try to get out quickly. Here is the most common process people go through, from arrest to getting out on bail:
- You are arrested on a domestic violence charge.
- The next morning, you must appear before a judge who will go over your case, dictate a penalty, and set bail if the sentence includes jail time.
- The bail amount will depend on factors such as criminal history and the seriousness of the charge.
- Your loved ones might want to get you out of jail, but not have enough money to post bail.
- They can contact a bail agency for help, which usually requires them to put down a percentage of the amount (sometimes 10%, but this can vary depending on the charges).
- The person who is interested in bailing you out (known as a co-signer or indemnitor) has the legal responsibility for the bail bond and is responsible for the defendant’s appearing in court.
- Even if your loved ones still don’t have enough money to put this percentage down, they can use a valuable item as collateral, like a car, while the rest is paid in cash.
- After the bond agency accepts the payment, they begin working on the indemnity agreement paperwork and contacting the jail where you are detained to arrange your release.
- A bail bond agent from the agency will take care of the rest, posting bail at the jail where you are arrested and securing your release.
- Please remember that although this process can be completed if everything’s done correctly, an agency cannot begin working until the defendant has been through the process of arrest and booking, which can take longer.
Recently there has been increased attention brought to domestic violence cases from the media, lawmakers, and society, resulting in strict penalties for anyone convicted, so your process may vary or may even be altered by the notoriety of your charge.
How Much Is Bail For Corporal Injury to a Spouse?
In general, cases of domestic violence are filed as cases of misdemeanor. In these cases, the initial bail payment is usually about 10 percent of the total amount. There are some technicalities; however, that may affect the rate of bail bonds for domestic abuse.
If a person causes a sufficiently severe injury, then he or she may be charged with felony domestic violence. In this case, it may be a bail of $50,000.
Potential penalties and fines for corporal injury to a spouse according to the penal code 273.5 are:
Misdemeanor conviction
- Up to one year in county jail
- A fine of up to $6,000
Felony conviction
- Two, three, or four years in state prison, and
- A fine of up to $6,000
A person can be charged with criminal threats if they threaten the person or take their cell phone out of their hands, in this case, they may also be charged for vandalism or for dissuading a witness, which is a serious crime.
What Is Considered Corporal Injury to a Spouse?
Domestic violence—also called intimate partner violence (IPV), domestic abuse, or relationship abuse— is a pattern of behaviors that one partner uses to maintain power and control over another partner in an intimate relationship. Corporal Injury to a spouse fits in this category.
Corporal Injury to a spouse is a “wobbler” offense in California, which means that—depending on the facts of the case—the prosecutor has the discretion to charge it as either a misdemeanor or a felony and according to the criminal history of the defendant.
The California Penal Code 273.5 PC makes it a felony to intentionally inflict corporal harm on a spouse or cohabitant. Corporal injury signifies any physical injury, serious or minor. This offense is a wobbler, so prosecutors can elect to charge it as a misdemeanor or a criminal offense.
Domestic violence, domestic abuse, domestic battery, or spousal abuse are often referred to as the same crime.
Examples of Corporal Injury to a Spouse Under California Law
People who are physically abused may have repeated injuries (with the excuse of accidents). They may often skip work, school, or social occasions without any valid reason, and dress in clothes designed to hide bruises or wounds. Some examples of corporal injury to a spouse include:
- Squeezing a wife’s arm hard enough to leave bruises
- Pushing a boyfriend into the stairs, leaving him with serious body injuries
- Punching and kicking a partner, leaving them with a broken rib
Getting Out Of Jail When Arrested For Corporal Injury to a Spouse In California
The defendant’s lack of a criminal record is taken into significant consideration in a domestic abuse case. Under the California Penal Code Section 1203.097 PC, the Court is required to impose specific mandatory terms of probation, such as a protective order and a class of batterers. The Court and prosecutor will often take into account the defendant’s lack of record and may impose terms of probation designed to correct behaviors rather than punish them.
Legal defenses against the criminal charge of causing a corporal injury to a spouse often include the following:
- The defendant acted to protect himself or herself against another human
- Accidental injury to the defendant
- The defendant was accused wrongly
If you or a family member have been arrested for a domestic violence offense, it is crucial to meet with a domestic violence criminal defense attorney immediately.
If you need help with your bail, call now for 24-hour domestic violence bail bond services: (800) 224-5911.
We have several offices throughout Southern California where we can meet you. Check out the map below to find the location closest to you. We have convenient locations in Santa Ana, Newport Beach, Norwalk, Torrance, Irvine, Costa Mesa, Long Beach, San Pedro, Lakewood, Whittier, & Anaheim.
Corporal Injury to a Spouse FAQ
A- There are three key things you need to know:
- Where is the defendant in custody? Includes city, state, and prison names.
- What is the person’s full name and booking number in jail? To contact the jail, the bail agent will need this information.
- How much is the bail? With the bail number, you will tell the bail bondsman how much it would cost to post a bond and conditions to get the person out of jail.
A – It can be anywhere, usually by people in relationships, families, or marriages. People who have children together can be domestically abused, as well. It doesn’t matter if it’s on the street, in the home, in the car, or in a hospital. It is considered domestic abuse if you are in an intimate relationship with them (marriage, relationship, family, etc.).
A- Technically speaking, unless you have extenuating circumstances, you cannot leave the State unless you are on bail. The local court handling your case and the bonding company who wrote your bail bond must pre-approve these rare occurrences that could cause you to leave the State.
A- There is no specific answer, it all depends on the conditions, such as what prison the prisoner is in, what crime has been committed, the amount of bail, and the duration of the court case. Typically, bail is set the day after the defendant is charged, but if the arrest occurs on a weekend or night, they will have to wait for the court’s next business day to see a judge and get bail.
While this is a challenging and stressful situation, you can try to converse with an organization without any time expectations. Bail bond agencies are great at telling you how long the process should take for your loved one to be out of jail and keeping you updated every step of the way.
A – There is no actual guideline that defines every single item you can use as collateral for bail. The five most commonly used items are vehicle, real estate, precious metals and jewelry, savings and investments, and pawnable items.
A- If this is allowed by your agreement with the bail bond provider, you may revoke your agreement and cancel your responsibility for the bail. You will do so if you suspect the defendant is trying to miss a bail date or is not meeting the bail conditions. If you want to cancel a bond, please contact the agent as soon as possible. The lawyer will notify the court, and the suspect will be held by some means before he or she can obtain bail. Fees may be associated with canceling a bond, which will be explained to you by the agent.
A – Expungement of your criminal conviction under Penal Code 273.5 is possible if you were convicted of a misdemeanor or otherwise did not serve time in state prison, a factor that will render your conviction ineligible for expungement relief. A felony in California under this code section, however, provides for state prison time.
However, since corporal injury to a spouse is considered a domestic violence case, it usually involves three-year probation, a fine, restitution, and a 52-week anger management class. Felony cases reduced to a misdemeanor can be expunged, as long as no state prison time was imposed. Corporal injury cases range from serious injury to no injury at all, although one party will almost always be booked, usually for a felony, and be obliged to post bond.
Even so, an expungement does not result in the complete eradication of your conviction record. It remains accessible to persons considering you for public employees and law enforcement and court personnel for a sentence enhancement if you commit a subsequent felony offense.
A- Non Citizens should be aware that an automatic immigration hold can be triggered by being arrested or detained for a domestic violence offense.
Whenever a non-citizen ends up in custody, the Department of Homeland Security (DHS) would be notified, and the non-citizen would be placed in an immigration hold, which will prevent them from being released from custody. This hold tells the jail not to release the noncitizen, even at the end of the sentence of detention. Instead, DHS will place the noncitizen in federal custody once the prison term is finished and the removal proceedings begin.
