Corporal injury, or physical harm, is a serious offense that can lead to significant legal consequences.
As one of the most common domestic violence charges, a corporal injury can be considered a misdemeanor or a felony, depending on the severity of the injury and the circumstances surrounding the incident.
For example, in California, these charges are often referred to as “wobbler” offenses, meaning they can be prosecuted as either a misdemeanor or a felony.
Potential Penalties for Corporal Injury
The potential penalties for corporal injury can be severe, and they vary depending on the case’s specific circumstances. If you’re facing corporal injury charges, consulting with an experienced criminal defense attorney is crucial.
Misdemeanor Corporal Injury
- Jail time: Up to one year.
- Fines: Up to $6,000.
Felony Corporal Injury
- Prison time: Two to four years.
Aggravating Factors
Several factors can elevate a corporal injury charge to a felony or increase the potential penalties. These include:
- Use of a deadly weapon: Employing a weapon during the assault can significantly increase the severity of the charges.
- Injury to a vulnerable person: Causing harm to a child, elderly individual, or someone with disabilities can lead to harsher penalties.
- Intent to cause serious bodily injury: If the prosecution can prove that you intended to inflict serious harm, you may face more severe consequences.
According to the National Domestic Violence Hotline, 1 in 4 women and 1 in 10 men have experienced severe physical violence by an intimate partner.
Common Defenses to Corporal Injury Charges
While corporal injury charges can be serious, several potential defenses may be available. An experienced criminal defense attorney can help you evaluate your case and determine the best defense strategy.
Here are some common defenses to corporal injury charges:
- Self-defense: If you used reasonable force to protect yourself from imminent harm, you may be able to claim self-defense.
- Defense of others: Similar to self-defense, you may be able to assert this defense if you use reasonable force to protect someone else.
- Consent: In some cases, the victim’s consent to the physical contact may be a valid defense.
- Accident: If the injury was unintentional and occurred without negligence on your part, an accident defense may be applicable.
- Insanity: If you can prove that you were mentally incapacitated at the time of the offense, an insanity defense may be a possibility.
It’s important to note that these are just a few potential defenses, and the specific facts of your case will determine which defenses may be applicable. A skilled attorney can help you build a strong defense and fight for your rights.
Legal Advice and Consultation
If you’re facing corporal injury charges, seeking legal advice as soon as possible is crucial. An experienced criminal defense attorney can help you understand your rights, evaluate the evidence against you, and develop a strong defense strategy.
A skilled attorney can:
- Investigate the case: Gather evidence, interview witnesses, and analyze police reports to identify weaknesses in the prosecution’s case.
- Negotiate with the prosecutor: Attempt to reduce charges or secure a plea deal.
- Represent you in court: Advocate for your rights and present a compelling defense.
A conviction for corporal injury can have serious consequences, including jail time, fines, and a criminal record. It can also impact your employment opportunities, housing, and relationships, not to forget child custody. Having a skilled attorney by your side is essential to protecting your rights and minimizing the potential penalties.
Don’t face these challenges alone. Contact an experienced criminal defense attorney today to discuss your case and learn more about your legal options.