Any crime against a spouse is taken seriously by California prosecutors but there are differences between various charges. If you’ve been accused of or charged with a crime relating to domestic violence, then you likely want answers. At Law Office of Michael L. Fell, we welcome your call to (949) 585-9055, where you can get a free legal consultation. You can also read on to learn more about the difference between corporal injury on a spouse and spousal battery.

What is battery and spousal battery?

In California, the crime of battery refers to a person willfully and illegally using force or violence upon another person. It can be committed against anyone, including strangers. It is a misdemeanor and can result in up to six months in county jail and a fine of as much as $2,000.

However, California draws a distinction if you commit battery against a person you have a relationship with. In this case, you could face spousal battery charges. This includes a current or previous spouse, a person you are or were engaged to, someone you live with, the parent of your child, or a current or previous significant other. This is also a misdemeanor charge and can result in 364 days in jail and $2,000 in fines. The court may also require you to go to a batterer’s program and pay up to $5,000 to a domestic violence shelter.

What is corporal injury on a spouse?

While corporal injury on a spouse is similar to spousal battery, it’s not identical. They both involve using force against someone that you have a relationship with, but the difference is the corporal injury on a spouse requires that you have actually injured the victim. To be convicted, you must have inflicted injury on one of the protected people discussed under spousal battery charges, you must have inflicted the injury willfully, and the victim must have suffered an injury (either minor or serious).

This is a wobbler defense that can either be charged as a misdemeanor or a felony. If you’re charged as a misdemeanor you’ll be looking at fines of up to $6,000 and up to 364 days in county jail. If you’re charged with this crime as a felony, you could be looking at the same $6,000 fine as well as two, three, or four years in state prison. Which one you’ll be charged with will depend on the specifics of the case as well as your criminal history.

Now is the time to reach out to an attorney

Have you or a loved one been charged with corporal injury on a spouse or spousal battery? If so, there’s no time like right now to call an attorney and get help. At Law Office of Michael L. Fell, we’re proud to offer you a free legal consultation. Just give us a call at (949) 585-9055 and we can begin the process of clearing your good name.