Lohan Family Faces Further Legal Trouble
Michael Lohan may be the next member of the Lohan clan to face time behind bars. He was arrested in West Hollywood last night in connection with an alleged domestic violence incident.
Among the possible charges he faces is California Penal Code 273.5 (infliction of corporal injury on a cohabitant). Section 273.5 is a “wobbler,” which means it can be charged as either a misdemeanor or felony, depending on the circumstances and criminal history of the defendant.
As part of a Section 273.5 case, prosecutors must show the victim suffered a “traumatic condition” – a visible injury such as a broken nose, a concussion or even a bruise.
Penalties for corporal injury on a cohabitant can be stiff, including prison time (in the case of a felony), but there are defenses to the charge. Defenses include accident, self-defense and false accusations.
As prosecutors decide whether to file a criminal complaint against Mr. Lohan, his celebrity daughter, Lindsay, mulls over a plea deal in her grand theft case. The agreement in that case would include up to 90 days in county jail.
