Corporal Injury to a Child

A friend of mine lives with his "wife" unmarried, has for a long time, they have 3 children together and she has one from a previous relationship, all living in his house. Last night he was arrested for corporal injury to a child. How does that differ from child abuse and how serious of a charge is it.....if he is convicted.

Insufficient information.

Sorry about the lack of information, I had never heard of this charge. I would have thought any harm to a child would have been charged under child abuse. I am just trying to find out what the difference is between corporal injury to a child and child abuse. Also how they differ inregards to punishment.

What other information do you need?

He was also charged with disuading someone from reporting a crime and resisting arrest.

1. The State name

2. Age of involved children

3. His criminal history

4. Is he currently on Parole?

5. Who made the call to the authorities?

6. What is the charge violation number (statute) if known?

7. What were the circumstances?

8. Other than being his "friend," what is your interest in this matter?


That's just for starters.

1. The State name
>>>California
2. Age of involved children
>>>Theirs - 1yr old son, 6yr & 8yr old daughters. Hers 13yr old daughter.

3. His criminal history
>>>Statuatory Rape - he dated an underage girl (17) he was 23

4. Is he currently on Parole?
>>>No

5. Who made the call to the authorities?
>>>Her daughter

6. What is the charge violation number (statute) if known?
>>>1. PC 273 D, 2. PC 136.1 (B) (1), 3. PC 148 (A) (1)

7. What were the circumstances?
>>>Little bit of background---13 year old's natural father has never been in contact with Mother or Daughter since birth, this man has always supported her right along with his children with this woman, always provided roof, clothes, food, etc. 13 year old will not go to school, Mother does not make her go, complains to neighbors about not getting any food, eventhough she is overweight, she does not pitch in with chores or anything for that matter. Always talks about her "Dad" (imaginary) and how he is going to take her on trips and buy her a horse, etc. Mother is suspected of drug use by family members, doesn't work, sleeps all day, doesn't clean up, doesn't cook, let's pets deficate inside house.....it's a mess. This man has always worked, always brings his check home, gives her money to pay bills or buy groceries - she doesn't. Her daughter - 13 year old is always rude and spiteful to this man.

This incident - He was trying to discipline 13 year old, she cried wolf, called police. No actual harm was done to child but she went into preteen drama overdrive and made a scene. He tried to tell the police this, probably not that calmly and tried to get his "wife" to take his side and get her daughter to tell the truth and now he is in jail. Probably more to it, but this is what I heard and it runs pretty true to previous lesser incidents in this house.

8. Other than being his "friend," what is your interest in this matter?
>>>>>He works for my husband and I, we have been friends with him a long time and we are concerned and just looking for information regarding these charges and the penalties and how they differ from child abuse charges.


That's just for starters.>>> Nothing is ever simple is it

He was trying to discipline her? Looks like he was doing a lot more than that! From the looks of these Penal Code sections, he was a man out of control.

After reading these code sections, your "friend" shouldn't be your friend, and your question is moot. Read the following sections and tell me if you want to change any of your "facts."


PENAL CODE SECTIONS:
273d. (a) Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a felony and shall be punished by imprisonment in the state prison for two, four, or six years, or in a county jail for not more than one year, by a fine of up to six thousand dollars ($6,000), or by both that imprisonment and fine. (b) Any person who is found guilty of violating subdivision (a) shall receive a four-year enhancement for a prior conviction of that offense provided that no additional term shall be imposed under this subdivision for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense that results in a felony conviction. (c) If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation: (1) A mandatory minimum period of probation of 36 months. (2) A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions. (3) (A) Successful completion of no less than one year of a child abuser's treatment counseling program. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports. (B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendant's changed circumstances, the court may reduce or waive the fees. (4) If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her probation officer. (5) The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver.

136.1. (a) Except as provided in subdivision (c), any person who does any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison: (1) Knowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law. (2) Knowingly and maliciously attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law. (3) For purposes of this section, evidence that the defendant was a family member who interceded in an effort to protect the witness or victim shall create a presumption that the act was without malice. (b) Except as provided in subdivision (c), every person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison: (1) Making any report of that victimization to any peace officer or state or local law enforcement officer or probation or parole or correctional officer or prosecuting agency or to any judge. (2) Causing a complaint, indictment, information, probation or parole violation to be sought and prosecuted, and assisting in the prosecution thereof. (3) Arresting or causing or seeking the arrest of any person in connection with that victimization. (c) Every person doing any of the acts described in subdivision (a) or (b) knowingly and maliciously under any one or more of the following circumstances, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years under any of the following circumstances: (1) Where the act is accompanied by force or by an express or implied threat of force or violence, upon a witness or victim or any third person or the property of any victim, witness, or any third person. (2) Where the act is in furtherance of a conspiracy. (3) Where the act is committed by any person who has been convicted of any violation of this section, any predecessor law hereto or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation of this section. (4) Where the act is committed by any person for pecuniary gain or for any other consideration acting upon the request of any other person. All parties to such a transaction are guilty of a felony. (d) Every person attempting the commission of any act described in subdivisions (a), (b), and (c) is guilty of the offense attempted without regard to success or failure of the attempt. The fact that no person was injured physically, or in fact intimidated, shall be no defense against any prosecution under this section. (e) Nothing in this section precludes the imposition of an enhancement for great bodily injury where the injury inflicted is significant or substantial. (f) The use of force during the commission of any offense described in subdivision (c) shall be considered a circumstance in aggravation of the crime in imposing a term of imprisonment under subdivision (b) of Section 1170.

148. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.