CORPORAL INJURY UPON A SPOUSE

(CAL.PEN. 273.5)

     

Penal Code section 273.5 (a) is known as “Corporal Injury upon Spouse” which is really domestic violence battery with an injury.

To Prove the Crime of Corporal Injury upon a Spouse, the prosecution must prove, beyond a reasonable doubt–

  • The accused willfully and unlawfully inflicted a physical injury upon a current or former spouse, current or former cohabitant or the mother or father of a child with the defendant and
  • The injury resulted in a traumatic condition which has been defined as “a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.

A “traumatic condition” is the result of an injury if—

  • The traumatic condition was the natural and probable consequence of the injury,
  • The injury was a direct and substantial factor causing the traumatic condition and
  • The condition would not have happened without the injury.

“Cohabitants” are two unrelated persons who have been living together for a substantial period of time, resulting in some permanency of the relationship.

Factors determining whether two persons are cohabitants. 

  • Share income and expenses for the household;
  • Jointly own or possess the residence they share;
  • Holding themselves out as each other’s domestic partners and
  • The continuity of the relationship
  • The two people have had an intimate relationship.

LEGAL DEFENSES TO CORPORAL INJURY UPON A SPOUSE

  • Self-Defense or defense of others.

The prosecution must prove that a defendant in a domestic violence battery was not acting in self-defense or in the defense of others.  For example, a husband holds his wife’s wrists to prevent his wife from scratching his face. This is an act of self-defense. The prosecution would have to prove at trial that the husband was not acting in self-defense when he restrained his wife by holding her wrists. At MyCriminalDefense, we develop a self-defense/defense of others defense strategy in domestic violence battery stages at the very earliest stage of a criminal case. We regularly engage the services of a licensed professional investigator to fully develop the right defense for you. Our experienced professional investigators conduct interviews of potential witnesses who may have witnessed the alleged victim attack you in the past, have knowledge of previous threats of harm made by your spouse or significant other, or have knowledge of your spouse’s propensity for violent behavior. This defense strategy will convert the alleged victim into the aggressor and, thereby, lay the foundation for asserting self-defense and/or defense of others in your case.

  • False accusations 

To Express Anger and Get Revenge.  It is typical in domestic violence prosecutions for the victim to lie, or recruit others to lie, about the facts of an alleged act of domestic violence. For example, if a husband is angry at his wife, or a wife is angry at her husband, either may false accuse the other of committing an act of domestic violence. If one spouse has been unfaithful or is about to leave the other spouse for another person, the rejected spouse or significant other will falsely accuse the rejecting spouse or significant other of domestic violence to deliberately harm the rejecting spouse’s employment, civilian and military career, revoke the rejecting spouse’s security clearance or professional license, and destroy the rejecting spouse’s reputation among his friends, family and neighbors. This happens all too often in the military. When a vengeful spouse who has been rejected by a Navy or Marine Corp service member, the rejected spouse will falsely accuse the service member or domestic violence with the objective of destroying the service member’s military career. Many senior Naval or Marine Corps officers or non-commissioned officers have lost their careers and pensions from the false accusations of domestic violence made by a jilted spouse.

To gain an advantage in divorce and child custody. Another common situation is when one spouse has filed, or plans to file, an action for divorce and seeks to gain an advantage in family court in winning full custody, protective orders as well as child and spousal support.  By falsely accusing his or her spouse of domestic violence battery, an accused person may end up being falsely convicted of this crime. Thereafter, in family court, the falsely accused spouse would be on the losing end of issues such as child custody, child support and spousal support because of having a conviction on his or her record.  A family court judge may very well be prejudiced against the convicted spouse in ordering child custody, support and protective orders in favor of the accusing spouse. It is important to identify the ulterior motives of the accusing spouse in making false accusations

  • You never had an intimate relationship of any kind with alleged victim.

       

One defense which must be considered is that you have never had an intimate relationship of any kind with the alleged victim.  Our professional investigators will interview family, relatives, friends, acquaintances and others who have known you for a substantial period of your life.  If those who know you the best can swear under oath that you and the alleged victim never held yourselves out to others as a couple, this defense could prove very successful.

  • Traumatic condition was not caused by you.

MyCriminalDefense, we have learned that angry and jealous victims have inflicted injuries upon themselves when fabricating domestic violence charges against a significant other. Our professional investigators will obtain sworn statements from witnesses to find out if the alleged victims intentionally injured themselves when falsely accusing their significant others of domestic violence.

WE USE PROFESSIONAL INVESTIGATORS AND EXPERTS IN YOUR DEFENS

Licensed Professional Investigators on self-defense/defense of others and false accusations.

Self-Defense and Defense of Others

MyCriminalDefense investigators assign its professional investigators to obtain sworn statements from witnesses who may have seen you acting in self-defense, or have special knowledge of the alleged victim’s character for violence.

False Accusations

Professional investigators will interview our clients, family, relatives, friends, neighbors and other important witnesses who will testify as to accusing spouse’s character for dishonesty and untruthfulness. This strategy will develop false accusations as a successful defense in your case.

Licensed Experts on use of force and false accusations.

Use of Force

The Law Offices of Criminal Defense Attorneys, Stephen R. Brodsky & Associates, often engage the services of a licensed professional expert on the use of force and violence in self-defense or defense of others.  Criminal Defense Attorneys, Stephen R. Brodsky & Associates often use retired or active-duty law enforcement professionals who are trained as experts in the lawful use of force in self-defense and the defense of other persons. Often times, the licensed professional investigator is also a former or active duty police detective who has substantial experience in the use of force or violence in violent encounters.

Expert psychologists   Our Criminal defense attorneys will select professional psychologists who have expertise in the area of false accusations to help prepare that defense strategy for a successful outcome in your case.

LEGAL AUTHORITIES: PEOPLE V. MOODY (1943) 62 CAL.APP.2ND 18; PEOPLE V. MEYERS (1996) 61 CAL.APP. 4TH 328, 356; PEOPLE V. HUMPHREY (1996) 13 CAL.4TH 1173, 1182. CALCRIM JURY INSTRUCTION 840.

At MyCriminalDefense, our priority is to work as hard as we can to persuade the District Attorney to not file any criminal charges. We have a record of great success in getting criminal charges rejected. This is how we do it:

Pre-File Defense Services. The District Attorney or other prosecuting agencies have a sworn duty not to file criminal charges if there is any evidence that raises a reasonable doubt about a person’s guilt. Unlike most other defense attorneys, Criminal Defense Attorneys, Stephen R. Brodsky & Associates will not wait until the prosecution files charges against you. Criminal Defense Attorneys Stephen R. Brodsky & Associates will offer you a free confidential consultation to determine the appropriate legal defenses that will produce a successful outcome in your case.  Veteran Criminal Defense Attorneys Stephen R. Brodsky & Associates, if necessary, will help you to engage licensed professional investigators and experts right away to conduct crucial defense witness interviews and expert evaluations. The work of trained and licensed professional investigators and experts is often the crucial factor that persuades the District Attorney or other prosecuting agency that they do not have enough evidence to prove guilt beyond a reasonable doubt. Our goal is to develop evidence that proves your innocence and submit this evidence to the District Attorney. The District Attorney, when faced with compelling evidence of your innocence, understands that such evidence raises a reasonable doubt as to your guilt.  The District Attorney has a sworn duty to reject the filing of domestic violence battery charges when there is insufficient evidence to prove your guilt beyond a reasonable doubt.

Pre-Trial Dismissal of Charges. The Law Offices of Criminal Defense Attorneys, Stephen R. Brodsky & Associates will pursue a strategy to persuade the District Attorney to dismiss charges before trial if charges have already been filed by the time you have consulted our office.  Criminal Defense Attorneys, Stephen R. Brodsky & Associates will pursue the same exact defense strategies that they would have used in pre-file defense services. Licensed professional investigators and experts will be used to develop compelling evidence of your innocence by conducting crucial defense witness interviews and preparing expert evaluations of the evidence.  WE HAVE FOUND, THROUGH MANY YEARS OF EXPERIENCE, THAT PROSECUTORS WILL NOT FULLY DEVELOP THEIR PROSECUTION STRATEGIES UNTIL THE LATTER STAGES OF A CRIMINAL PROSECUTION. THE DA SIMPLY DOESN’T HAVE THE MANPOWER OR RESOURCES TO WORK UP A COMPLETE EVALUATION OF ALL AVAILABLE EVIDENCE.

THE LAW OFFICES OF CRIMINAL DEFENSE ATTORNEY STEPHEN R. BRODSKY NOT ONLY HAS THE TIME TO DEVELOP THIS IMPORTANT EVIDENCE, BUT IT IS OUR LAW FIRM’S PRIORITY TO DEVELOP THIS DEFENSE EVIDENCE TO SUBMIT IT TO THE DA AT THE VERY EARLIEST OPPORTUNITY WITH THE GOAL OF PERSUADING THE DA TO DISMISS ALL CHARGES!

TRIAL SERVICES FOR CIVILIAN AND MILITARY CITIZENS WRONGFULLY CHARGED WITH DOMESTIC VIOLENCE BATTERY.

In a perfect world, the DA or other prosecuting agency have a sworn duty to reject or dismiss all charges if it is given compelling evidence that raises a reasonable doubt as to the truth of the charges. But we, like everyone else, know that we don’t live in a perfect world, and that the DA or prosecutor, even when given compelling evidence of innocence, will still pursue a strategy of gloom and doom. That is why you must choose an experienced criminal defense trial attorney like ATTORNEY STEPHEN R. BRODSKY to prepare a winning trial strategy based on compelling evidence of innocence. Mr. Brodsky is a proven criminal trial lawyer with over 25 years of criminal defense experience.

ATTENTION ACTIVE DUTY MILITARY SERVICE MEMBERS AND VETERANS!

San Diego is the second largest military community in the United States. With multiple Navy and Marine Corps bases, like Camp Pendleton and the 32nd Street Naval Station in San Diego, San Diego has a huge community of active duty Navy and Marine Corps. Service members and veterans.

Stephen Brodsky is the senior Attorney at MyCriminalDefense. Mr. Brodsky served as a JAG Corps attorney in the United States Navy and offers fee discounts to active duty service members and veterans. Mr. Brodsky feels a strong comradery towards current and former members of the U.S. Navy and Marine Corps.

At MyCriminalDefense, we are especially concerned about the future career and employment prospects of current and former members of the US Armed Forces. We know that active duty service members could be discharged from the military if convicted of domestic violence and other crimes of violence that fall within the Lautenberg Amendment.  Lautenberg prohibits the use, possession or ownership of firearms if convicted of crimes of violence listed in the amendment.

Our first goal is to persuade the prosecuting agency to reject our client’s case after we present important evidence that points to our client’s innocence. If the prosecutor issues criminal charges, then we will present a successful defense strategy. We will consult with our client’s chain of command to make sure we develop the best possible defense in our client’s case. Attorney Stephen Brodsky will ensure that his clients will not be subject to the harsh provisions of the Lautenberg Amendment. We will work closely with our client’s chain of command and prepare the right defense strategy.

San Diego is the second largest military community in the United States. With multiple Navy and Marine Corps bases, like Camp Pendleton and the 32nd Street Naval Station in San Diego, San Diego has a huge community of active duty Navy and Marine Corps. Service members and veterans.

San Diego County Veterans Court

Judges and DA’s in San Diego County are generally very supportive of our military service members and veterans. They work closely with defense attorneys to help military men and women qualify for military diversion and record rehabilitation.  As a veteran and former Navy JAG attorney, Stephen Brodsky will fight very hard to help men and women in the military.

  • Strong Defense—Our goal is to develop a very strong successful defense and persuade the DA to reject our client’s case.  If necessary, we may have to take our client’s case to trial with the goal of winning a not guilty verdict.
  • Pretrial Military Diversion and Military Record Rehabilitation—Penal Code sections 1001.80 and 1170.9 will secure an opportunity for our military and veteran clients to participate in the Pretrial Military Diversion or Military Record Rehabilitation programs. Both programs upon successful completion result in the dismissal of all charges and the sealing of arrest records, thus, ensuring our military clients and veterans a clean record and a direct pathway to getting that great job and opportunity for a fulfilling career.

  

CALL THE LAW OFFICES OF STEPHEN R. BRODSKY & ASSOCIATES, TODAY,

FOR A FREE CONFIDENTIAL CONSULTATION. 

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