The Difference Between Spousal Battery and Corporal Injury

Robert L. Hammonds Jr. Attorney at Law
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Wife and Husband - what is spousal battery

When you are charged with domestic abuse, it is crucial that you understand the specific charges so that you can actually combat them effectively. Typically in these cases, you will be charged with either spousal battery or corporal injury, but what is the difference between the two?

Spousal Battery

This is the lesser of the domestic violence charges. Typically spousal battery results in a misdemeanor case, not because it isn’t serious but because no serious damage occurred. Spousal battery covers any amount of force that occurred between two married people. If someone was shoved or grabbed, but no injuries occurred all the way up to light, but non-traumatic injury – this is what spousal battery covers. If the two parties are not married, it becomes known as domestic battery. If it is your first offense, you may get off with a sentence as light as probation, but in most cases the punishment will be around 30 days of jail time unless the injuries are very serious, but still not considered corporal injury.

Corporal Injury

Corporal injury covers any domestic violence that results in the traumatic condition of the victim and is most often considered a felony. In these cases, the victims will have broken bones, lose consciousness, or have any other serious injury, any of which can make defense difficult. In most cases, corporal injury will result in state prison time of up to four years or, for lesser injuries, a year in county jail with a fine.

Whether you are charged with spousal battery or corporal injury, you need a good defense lawyer to help represent your rights. Contact us today to see what we can do to make sure your rights are preserved.