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The California legislature has determined that the special relationships of persons of the opposite sex in intimate relationships provide a rational distinction with a substantial relation to the purposes of Penal Code § 273.5 (spouse beating) and therefore justify the greater protection provided such persons in the form of the lesser standard of violence (that which results in a "traumatic condition" ) which will support a felony conviction under Penal Code § 273.5, as opposed to the "serious bodily injury" required for felony battery (Penal Code § 243, subd. (d)) or the use of "force likely to produce great bodily injury" that is an element of felony assault (Penal Code § 245, subd. (a)). People v. Gutierrez (1985, Cal App 2d Dist) 171 Cal App 3d 944).
But does this make sense? The court's think yes: Since Penal Code § 273.5 (abuse of cohabitant of opposite sex), applies to "corporal injury resulting in a traumatic condition," and a "traumatic condition" is defined in the statute as "a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by a physical force, a defendant who inflicts only "minor" injury violates the statute. By contrast, felony battery requires "serious bodily injury" (Penal Code § 243, subd. (d)) and felony assault requires "force likely to produce great bodily injury" (Penal Code § 245, subd. (a)). Penal Code § 273.5, requires a lesser showing of harm so officers can intervene more expeditiously in domestic disputes. In other words, the Legislature has clothed persons of the opposite sex in intimate relationships with greater protection by requiring less harm to be inflicted before the offense is committed. People v. Silva (1994, Cal App 5th Dist) 27 Cal App 4th 1160, 33 Cal Rptr 2d 181, 1994 Cal App LEXIS 869, review denied (1994, Cal) 1994 Cal LEXIS 6198.
Pursuant to Penal Code § 273.5, which proscribes abuse against a cohabiting person of the opposite sex, "cohabiting" means an unrelated man and woman living together in a substantial relationship, i.e., one manifested, minimally, by permanence and sexual or amorous intimacy. (People v. Silva (1994, Cal App 5th Dist) 27 Cal App 4th 1160,)
So in this context, spousal battery resulting in corporal injury need not actually result in "corporal injury," as commonly understood; a minor injury will suffice. Makes sense, right? Of course not. This is precisely why ordinarily good and decent people are left so confused by the law of domestic violence.
Plain English is not so plain, as long as the state can intervene in it's perceived protectionist role. Mr. Bruno has dedicated his time and significant efforts to helping people navigate their way through the byzantine system of domestic violence law and other criminal offenses. From the home office in Newport Beach, just across the street from the Orange County Superior Court, Harbor Justice Center, Keith J. Bruno consistently wins cases of individuals who have been arrested or charged with domestic violence crimes. Mr. Bruno has the experience and understanding to address and win domestic violence cases. Years of results speak for itself. Your call is welcome to discuss your case or the case of a loved one and begin the first step in putting your life back together. If you or your loved one has been arrested and face charges for any domestic violence crime, please contact Mr. Bruno for a free consultation. You do not have to settle for a substandard attorney. The stakes are way too high, and excellence is required. Mr. Bruno will represent you as he would his sister, children, friends and family.
If you or a loved one has been arrested of domestic violence, contact Keith J. Bruno at the criminal defense firm of K. Bruno, APC, serving all of California, including Orange County, Los Angeles, Riverside, San Bernardino and San Diego. Mr. Bruno will speak to you personally and he will personally represent you throughout the case.
