Corporal injury to a spouse is defined as intentionally causing a cohabitant or intimate partner to suffer a traumatic condition. The victim may be related to the defendant in any of the following ways:
- Spouse
- Girlfriend
- Boyfriend
- Partner
- Cohabitant
- Parent of the defendant’s children
This article briefly discusses what you need to do if you are accused of corporal injury.
Proving Corporal Injury
In order to legally book you under CPC 273.5, the prosecution has to prove beyond reasonable doubt the following three elements:
- A spouse, cohabitant, or parent of a child was physically harmed by the defendant on purpose and against the law
- The inflicted injury caused a traumatic state
- The actions of the defendants were not done in self-defense
Steps to Take After You’re Charged with Corporal Injury
If you have been accused of inflicting corporal injury on your spouse, immediately contact a criminal defense lawyer and let them take the case forward. You’re going to need professional legal assistance to tackle the charge. Handling it alone seldom works.
Most importantly, say nothing at all. Do not reveal any information to the police since their ultimatum is to build a foolproof case against you and get you convicted.
Any confession you give could be used against you in a subsequent court case. Your personal and professional life may suffer significantly if you are found guilty.
Also, consider gathering evidence. One of the most valid defenses for corporal injury is self-defense. Collect sufficient evidence in the form of eyewitness statements or video recordings to prove your side of the events.
Possible Defense Strategies
Your defense lawyer may employ a variety of legal defenses to lessen your charges or completely dismiss them. Every case of physical abuse of a spouse is different, and the tactics employed by the defense will depend on those particulars. These defenses in court consist of the following:
Self-defense: A fundamental right that enables people to defend themselves against danger. It is your right to protect yourself if you think the person making the accusation was attempting to hurt you. You need to keep track of any cuts or bruises you sustained throughout the event. However, you must demonstrate that it was a reasonable response to the immediate threat.
Fake Accusation: Sadly, people do end up being wrongly accused of domestic abuse. These untrue accusations are occasionally made out of envy, retaliation, rage, or as a tactic to gain an advantage in a custody battle. Undermining the accuser’s credibility is an excellent way to demonstrate that you were wrongfully accused. The contents of the accuser’s previous voicemails and texts can often be used against them. Prosecutors may decide not to pursue charges if they determine the accuser is incentivized to lie.
It was an Accident: When it comes to domestic abuse, it is important to prove willful behavior. A strong defense may be available if you can create a reasonable doubt that the injury was unintentional.
The evidence to explain why your actions were unintentional may include:
- Video
- Witness testimony
- Recorded communications
- Medical records
Additionally, you may hire an accident reconstruction specialist to help the jury understand how the accident may have occurred and how any injuries you may have caused resulted from unintentional, not deliberate, conduct.
Lack of Evidence: The prosecution’s case can only be supported by sufficient evidence, either witness statements or physical force evidence. Consulting legal counsel can help identify discrepancies and build a strong argument based on documented evidence.
Witness testimonies: Gathering witness testimony can be quite beneficial. It can support your version of events and provide insights into the incident’s circumstances.
Having said all, it would be ideal if you contact an experienced defense lawyer. They have all the tools required to sail through the complicated legal process, obtain evidence, devise a foolproof defense strategy, and hold your rights inside the courtroom.