On Sunday, February 16, 2025, at 7:15am, Valencia returned to the residence. Deputies immediately responded to the residence and Gabriel Valencia was arrested without incident. Valencia was booked at the High Desert Detention Center for corporal injury to a spouse and an outstanding warrant for driving under the influence of alcohol. He is currently being held in lieu of $100,000.00 bail.

The investigation is ongoing and anyone with information is asked to contact Deputy J. Villasenor, at Victor Valley Sheriff’s Station 760-552-6800. Callers can remain anonymous and contact We-Tip at 800-78CRIME or www.wetip.com.

Defendant Charged with: PC 273.5(a): Corporal Injury to a Spouse

Case No. 072500566

The Law

The difference between domestic violence and corporal injury is that corporal injury means that there was a physical injury inflicted. This means that the crime of corporal injury to a spouse is a certain type of domestic violence offense.

In California, there are numerous domestic violence crimes, such as:

• spousal battery (Penal Code 243(e)(1)),

• corporal injury on a spouse (Penal Code 273.5).

This means that domestic violence is a wide range of criminal offenses. Corporal injury crimes are only a small subset of these domestic violence offenses. Because they lead to an injury, though, they are generally the most severe kinds of domestic violence.

A corporal injury is a physical injury that causes a traumatic condition.

California is one of the few states that use the term “corporal injury.” Under California law, an injury is a corporal one if:

• the traumatic condition was the natural and probable consequence of the physical injury,

• the injury was a direct and substantial factor in causing the traumatic condition, and

• but for the injury, the traumatic condition would not have happened.1

Some examples include:

• a broken bone or fracture,

• a bruise,

• a concussion,

• a cut or laceration, or wounds

Inflicting corporal injury on a spouse is a wobbler which means that prosecutors can pursue either misdemeanor or felony charges. If pursued as a felony, a conviction can carry up to 2, 3, or 4 years in state prison, and/or $6,000 in fines. These penalties can increase if the defendant has a prior conviction in the last 7 years for domestic violence.

Cases of Note

People v. Reid, 105 Cal. App. 5th 446, 325 Cal. Rptr. 3d 820 (2024), review denied (Dec. 11, 2024)

Defendant was charged by information with willfully inflicting corporal injury upon a domestic partner resulting in a traumatic condition, and he filed motion to set aside the information. The Superior Court of Riverside County, James S. Hawkins, J., sitting by assignment, granted the motion. People appealed. The Court of Appeal, Moore, Acting P. J., held that there was evidence to support the “corporal injury” element of the charge, and there was evidence to support the “corporal injury” element of the charge.

People v. Abrego, 21 Cal. App. 4th 133, 25 Cal. Rptr. 2d 736 (1993)

Defendant Rufus L. Yent was convicted in the Superior Court of San Bernardino County of infliction of corporal injury on spouse and battery. Defendant appealed. The Court of Appeal, Dabney, held that evidence was insufficient to support finding that defendant's wife suffered corporal injury resulting in traumatic condition so as to support conviction, and emotional upset of defendant's wife after incident during which defendant slapped wife was insufficient to elevate crime from simple battery to infliction of corporal injury on spouse.