Los Angeles Criminal Lawyers Blog

Although there are many different types of domestic violence, one of the most frequently found forms is when it is between spouses. California Penal Code § 273.5 and §243(e)(1) address spousal violence.

CPC § 273.5 makes it a felony for a person to inflict corporal injury resulting in a traumatic condition against a spouse. A spouse as defined in this section will also include a former spouse, someone you have lived with or do live with, or the mother or father of your child. Additionally, a visible injury is required to be charged with this offense, even if it is a slight bruise or swelling.

CPC § 243(e)(1) addresses a lesser charge than CPC § 273.5. CPC § 273.5 will be charged as a felony whereas §243(e)(1) is a misdemeanor battery charge. Under this section, a person will be charged with battery if it is committed against a spouse. The section also extends battery upon not just a spouse, but also someone with whom you are living, someone to whom you are engaged, the parent of your child, a former spouse or someone whom you are dating.

Regardless of whether you have been charged with a felony or misdemeanor, the case can lead to a serious consequence. Any mark on your record will have an effect on your social life, any future or current employment, as well as education opportunities. An experienced Los Angeles Criminal Defense attorney has handled thousands of domestic violence cases and can prepare a powerful argument on your behalf that gives you the best chances of dismissing or reducing your charges!

Spousal privilege is defined under California Evidence Code §§ 970-973. Under this section, a married person has the privilege to not testify against his or her spouse in any proceeding, unless otherwise directed by statute.

Under this section, a married person may not be called as a witness in a case in which his or her spouse is a party, unless there is express consent from the spouse holding the privilege. The only exception is if the spouse is called to testify as a witness without the opposite party knowing of the marital relationship in good faith.

The spousal privilege may not be exercised in a case of domestic violence. California Evidence Code § 972 (e)(1) states that a married person does not have the spousal privilege in a criminal proceeding in which one spouse is charged with a crime against the person of the other spouse.

The statute behind spousal privilege is designed to protect the marriage and the communication between a married couple, but also accounts for protection against each spouse. A knowledgeable Criminal Defense attorney is familiar with the intricacies of the privilege and can advise you whether you would be required to testify or whether you can invoke the privilege.