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What is corporal assault?

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misujen

Guest
The husband of a friend was arrested and placed in jail in early December. The charges are "corporal assault on spouse" and are considered a felony. My questions are: what is the difference between corporal assault and domestic violence? How can they keep him in jail for so long? I always thought that for spousal abuse they were let out after a day or two. Also, this family has not been in trouble with the police before this - what I mean is, that they haven't made multiple calls regarding abuse.

Thanks!


PS: this is in California
 


H

Humble Warrior

Guest
To be honest....I dunno the answer. I would ass-u-me that it is a more severe degree of "spousal abuse" or a catch-all charge applicable whether the two are married or not.
As for his court date and sitting in jail.....that is very common......he just needs to be patient,and when he goes to court he will most likely be R.O.R.ed(Released on Own Recognisance),and then asked to plea to a lesser charge and get "time served" for the time he is doing right now,and a fine to beat hell.
He is male.....therefore he is automatically guilty. IIAL is an attorney.....you might ask him. I would not begin to debate with him on law.
Welcome to America
 

calatty

Senior Member
The crime is inflicting corporal injury on a spouse, a violation of Penal Code section 273.5 It is a felony and carries a sentencing range or 2, 3 or 4 years. It is how domestic violence is charged if there is any injury, however slight. You can see from the sentencing range that it is a crime that is taken seriously in CA. If this is his first offense, he may get probation.
 
M

marantz

Guest
I would think that word "corporal" as in corporal punishment, would mean without any way of defending herself.

For example: she was tied up, and he beat her.
 

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