What Is Corporal Injury To A Spouse? (March 2025)

Sarah Edwards's profile picture

Sarah Edwards

Contributor

Adam Ramirez, J.D.'s profile picture

Reviewed By Adam Ramirez, J.D.

Editor

Read in 5 mins

Summary

  • Corporal injury to a spouse involves physically harming a partner
  • The charges can result in jail time, fines and the loss of certain rights
  • Hiring a criminal defense lawyer helps you fight for your freedom

Being charged with committing corporal injury to a spouse can be devastating. But exactly what is “corporal injury to a spouse” in terms of the law? For a start, it’s important to remember that these are domestic allegations.

Just like an aggravated DUI or other similar criminal offenses, it’s a charge that could result in prison time, serious fines and the risk of having a permanent criminal record. Aside from putting you in the path of law enforcement, charges of corporal injury are often one of the reasons for divorce and a factor in custody arrangements.

Being convicted can mean life-altering consequences. Here’s a closer look at what it means to be charged with corporal injury to a spouse.

Free Personal Injury Case Review

Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.

What Is Corporal Injury?

What is corporal injury to a spouse? Corporal injury’s meaning is harm inflicted by one person to another when they have or had a domestic relationship.

Sometimes, people wonder about the difference between domestic partnership vs. marriage when it comes to these charges, but the law sees no distinction when it comes to corporal injury charges.

To qualify as this type of crime, the parties must be:

  • Current or former cohabitants
  • Spouses or former spouses
  • The parents of a child
  • In or formerly in a dating relationship or engagement

Some states also mention “cohabitants” as part of the definition of corporal injury. For example, under Penal Code 273.5, California describes cohabitants not just as people who share a residence but as people who share living expenses and joint purchases, as well as several other factors.

Another essential part of the definition for this offense is that it must have resulted in a traumatic condition. That could mean any internal or external injury, strangulation or suffocation in which force was applied. The action must also have been willful, meaning the injury was not the result of an accident.

If you search for “What percentage of domestic violence victims are female?” you see that they make up 85% of victims. That doesn’t mean that males can’t suffer corporal injury, though.

So what is corporal injury to a spouse? It’s harm inflicted on someone you are or have been in a relationship with. Now that this meaning has been established, it’s important to look at the penalties a conviction can result in.

Penalties if Convicted of a Corporal Injury to a Spouse

If you’re convicted of corporal injury to a spouse, you could face time behind bars. How much time depends on whether you’re charged with a felony or a misdemeanor. Some states have what’s called wobbler crimes, which allow the court discretion when deciding on the charges.

If corporal injury is seen as a misdemeanor, you might spend up to a year in county jail and have to pay thousands of dollars in fines. In some states, these penalties are similar to what you would receive if it were your first DUI offense.

If the charge is seen as a felony, however, you could end up behind bars for up to four or more years. The fines would be much steeper, too. Whether you’re convicted of a misdemeanor or a felony, one truth remains: you’ll end up with a criminal record. Having a record can have serious consequences on your life.

For instance, if you’re convicted of felony corporal injury to a spouse, you may face difficulties such as:

  • Trouble Finding a Job: Employers will always ask about your record and may not want to provide employment to an ex-convict.
  • Loss of Professional Licenses: This could bar you from your chosen career.
  • Trouble Finding Housing: Landlords perform background checks and may not accept applications from those with criminal records.
  • Loss of Access to Federal Resources: These might include federal housing and federal loans.
  • Loss of the Right to Bear Arms: You could be barred from owning a firearm for life.

Additionally, there’s a significant amount of stigma attached to people who’ve been convicted of violent crimes. You may lose friendships and have trouble with future relationships.

Free Personal Injury Case Review

Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.

How Criminal Defense Lawyers Can Help

Criminal defense lawyers are essential if you’ve been charged with corporal injury to a spouse. They will investigate every aspect of the case and prepare a robust defense on your behalf.

One of the defenses available is to claim that you acted in self-defense or in the defense of someone else. If your spouse or partner was behaving violently and you thought you were in danger, you might have reacted in a way that resulted in an injury.

You can also state that the intent was not to harm your spouse. To be convicted of corporal injury, you must have had the intent to hurt the other person. Even if an accident occurred during an argument, you can’t be charged with corporal injury.

It’s possible that you’ve been falsely accused. This may be an issue if you’re in the midst of a contentious divorce and custody battle. Your partner could try to get the court on their side by claiming that violence occurred.

Fighting Criminal Charges With Experienced Representation

If you’ve been charged with corporal injury to a spouse, it’s essential that you rapidly hire experienced criminal defense lawyers who will fight for your freedom and your future. You shouldn’t try to go through the legal system on your own.

At ConsumerShield, we can connect you with some of the most experienced attorneys in your area. We can help you find the person who will be your champion as you deal with criminal charges. Contact our team to learn more about how we can guide you through your legal crisis.

Free Personal Injury Case Review

Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.

Personal Injury Knowledge Base

Read the latest information on Personal Injury and find answers to your questions. Currently there are 63 topics about Personal Injury Claims.

Frequently Asked Questions

  • The two charges are similar, but domestic battery charges don’t require proving you inflicted a physical injury on the other person. If you inflict an injury that causes a traumatic condition, meaning a wound of any kind, that is corporal injury, which can be either a felony or a misdemeanor.

  • Yes. You will likely not be allowed to own guns if you’re convicted of domestic violence of any type.

More About Personal Injury

Stay up to date

Get updates on all of our legal news on lawsuits, research and legal updates.