Penal Code § 273.5 PC - Corporal Injury on a Spouse/Mate

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1. What is Penal Code § 273.5 PC?

California Penal Code § 273.5 PC prohibits causing physical injury to your spouse, cohabitant, dating partner, or parent of your child through an act of domestic violence. This offense is also called domestic abuse, spousal battery, or corporal (physical) injury to a spouse or cohabitant.

Key Elements of a PC 273.5 Conviction:

Willfully inflicting a physical injury on an intimate partner
The injury causes a traumatic condition

Comparison to Related Offenses:

Corporal injury to a spouse or cohabitant differs from domestic battery (PC 243(e)(1)), as domestic battery does not require an actual injury.

Elements of a PC 273.5 Violation

To secure a conviction, prosecutors must prove three key elements beyond a reasonable doubt:

Willfully inflicting a physical injury
On a current or former intimate partner
That injury resulted in a traumatic condition

Definitions:

“Willfully”: An intentional act, not necessarily with intent to break the law.
“Traumatic Condition”: Any wound or injury caused by physical force (e.g., bruises, broken bones, concussions).
“Intimate Partner”: Includes spouses, domestic partners, cohabitants, fiancé(e)s, parents of a child, or someone in a serious dating relationship.

Immigration Consequences

A conviction under PC 273.5 can result in deportation for non-citizens, as it is considered a crime of domestic violence under federal immigration law.

Is PC 273.5 a “Strike” Under California’s Three Strikes Law?

If great bodily injury is involved, the offense qualifies as a serious felony and a strike offense under California’s Three Strikes Law.
A second strike results in double the normal sentence.
A third strike may result in 25 years to life in prison.

Penal Code § 273.5 PC Law Reads As Followed:

Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment.”

2. What Are Examples of Penal Code § 273.5 PC?

California Penal Code § 273.5 PC makes it a crime to willfully inflict corporal injury resulting in a traumatic condition upon an intimate partner, such as a spouse, cohabitant, or dating partner. This law is commonly applied in cases of domestic violence.

Below are examples of how a violation of Penal Code § 273.5 PC can occur in different situations.

1. Physical Assault Against a Spouse

A husband and wife get into a heated argument. The husband, in a fit of rage, punches his wife in the face, causing a black eye. Since the injury resulted from intentional physical force, this would qualify as corporal injury under PC 273.5.

2. Domestic Violence Between Unmarried Partners

A couple who has been dating for several years gets into an argument. One partner shoves the other forcefully, causing them to fall and sprain their wrist. Even though the injury is not severe, it qualifies as a traumatic condition under the law, making it a felony offense.

3. Violence Against a Former Partner

An individual encounters their ex-spouse in a public place. After a verbal dispute, they slap their ex, leaving visible bruising. Because the law applies to former spouses, this act could lead to a felony charge under PC 273.5.

4. Physical Injury During a Custody Dispute

During an argument over child custody, one parent grabs the other by the arm and twists it, leaving visible bruising. Since the individuals share a child, they fall under the category of protected persons in PC 273.5, making the offense chargeable as a felony domestic violence crime.

5. Attacking a Cohabitant

Two roommates who were previously in a romantic relationship get into an altercation. One throws an object at the other, resulting in a cut on their forehead. Since former cohabitants are included under PC 273.5, the assailant could be charged under this statute.

6. Throwing an Object That Causes Injury

A man and his girlfriend are arguing in their apartment. Out of frustration, the man throws his phone at his girlfriend, hitting her in the face and causing a bloody nose. Even though he may not have intended to cause serious harm, the act of throwing the object and causing a traumatic condition qualifies as a violation of PC 273.5.

7. Grabbing or Restraining with Force

A woman tries to prevent her boyfriend from leaving during an argument by grabbing his arm tightly. Her grip leaves bruises on his wrist. Even though no punching or slapping occurred, the infliction of a traumatic condition (bruising) is enough to charge her with a violation of PC 273.5.

3. What are Common Defenses Against Penal Code § 273.5 PC?

California Penal Code § 273.5 PC makes it a crime to willfully inflict corporal injury on an intimate partner, resulting in a traumatic condition such as bruising, swelling, or other bodily harm. However, individuals accused of this offense may have valid legal defenses to fight the charges.

Below are some of the most common defenses against PC 273.5 charges.

1. Self-Defense or Defense of Others

One of the strongest defenses against a PC 273.5 charge is proving that the defendant acted in self-defense or to protect another person. To use this defense, the accused must show:

They reasonably believed they were in imminent danger of being harmed.
They used only the necessary force to prevent injury to themselves or another person.

For example, if someone was being physically attacked by their partner and they struck back to protect themselves, they may have a valid self-defense claim.

2. False Accusations

It is not uncommon for individuals to be falsely accused of domestic violence due to:

Revenge or spite after a breakup or argument.
Child custody battles where one partner fabricates allegations to gain an advantage.
Jealousy or an attempt to control the other person’s actions.

A skilled criminal defense attorney can investigate the case, uncover inconsistencies in the accuser’s story, and present evidence proving that the allegations are false.

3. Lack of Evidence or Insufficient Proof

For a conviction under PC 273.5, the prosecution must prove:

The defendant inflicted a physical injury on the victim.
The injury resulted in a traumatic condition (such as bruises, cuts, or fractures).

If the alleged victim has no medical records, photos, or credible testimony supporting their claims, the case may be dismissed due to lack of evidence.

4. The Injury Was Accidental

Not all injuries result from intentional harm. If the alleged victim was injured accidentally, the defendant cannot be convicted under PC 273.5 because the law requires a willful act.

For example, if:

A couple was arguing and the defendant tripped and accidentally knocked over their partner, leading to an injury.
The alleged victim was hit by an object without intent to harm (e.g., a door swinging open).

These situations could serve as a valid defense.

5. No Traumatic Condition Was Inflicted

A key element of PC 273.5 is that the injury must result in a traumatic condition (such as bruising, swelling, or internal injuries). If the alleged victim:

Did not suffer an actual injury, or
Cannot prove that any injury was caused by the accused,

the charges may not hold up in court.

6. The Victim Gave False or Exaggerated Testimony

Some alleged victims may exaggerate or lie about what happened, either to:

Gain leverage in a divorce or custody case.
Get revenge on the defendant.
Avoid taking responsibility for their own actions in a physical altercation.

A thorough investigation by a defense lawyer can reveal contradictions in the victim’s statements, proving that their testimony is unreliable.

7. The Defendant Was Wrongly Identified

In some cases, a person may be wrongfully accused of domestic violence due to:

Mistaken identity (e.g., someone else caused the injury, but the wrong person was blamed).
Lack of witnesses to confirm who committed the alleged offense.

For instance, if the victim was injured in a fight with another person but blames the defendant, an attorney can present alibi evidence or witness testimony to prove they were not responsible.

8. The Defendant Was the Real Victim

Sometimes, the accused is actually the real victim of domestic violence but was falsely charged because:

The police misinterpreted the situation and arrested the wrong person.
The actual aggressor manipulated law enforcement into believing they were the victim.

A defense attorney can introduce counter-evidence such as:

Injuries on the defendant indicating they were attacked first.
Witness statements supporting the defendant’s version of events.

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4. What are The Penalties for Violating Penal Code § 273.5 PC?

California Penal Code § 273.5 PC makes it a criminal offense to willfully inflict corporal injury on an intimate partner, causing a traumatic condition such as bruising, swelling, or internal injuries. This law applies to offenses involving:

Current or former spouses
Cohabitants (people who live together)
Fiancés or dating partners
The other parent of the defendant’s child

Violating PC 273.5 is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant’s criminal history.

1. Misdemeanor Penalties for PC 273.5

If charged as a misdemeanor, the penalties may include:

Up to 1 year in county jail
A fine of up to $6,000
Domestic violence counseling or anger management classes
Protective orders preventing contact with the victim
Probation (usually 3 years)

Misdemeanor charges typically apply when the injuries are minor and the defendant has no prior domestic violence convictions.

2. Felony Penalties for PC 273.5

If charged as a felony, the consequences are much more severe. Felony penalties for PC 273.5 may include:

2, 3, or 4 years in California state prison
A fine of up to $6,000
Formal probation
A criminal protective order against the defendant
A strike under California’s Three Strikes Law, if the injury is serious

Felony charges are more likely when the injuries are severe, or the defendant has a prior history of domestic violence.

3. Enhanced Penalties for Prior Convictions

If the defendant has previous domestic violence convictions, the penalties for violating PC 273.5 increase:

One prior conviction (within the last 7 years):
- 2, 4, or 5 years in state prison
- A fine of up to $10,000
Two or more prior convictions (within the last 7 years):
- Up to 5 years in state prison
- A fine of up to $10,000

Prior convictions can include:
✔ Domestic battery (PC 243(e)(1))
✔ Child abuse (PC 273d)
✔ Elder abuse (PC 368)

4. Additional Consequences of a PC 273.5 Conviction

Even after serving jail or prison time, a PC 273.5 conviction can carry lasting consequences, including:

Loss of Gun Rights

A felony conviction under PC 273.5 leads to a lifetime firearm ban in California.
A misdemeanor conviction results in a 10-year firearm ban.

Immigration Consequences

Domestic violence is a deportable offense under federal immigration law.
Non-U.S. citizens convicted of PC 273.5 may face deportation or inadmissibility.

Restraining Orders & Protective Orders

Courts may issue protective orders preventing the defendant from contacting the victim.
Violating a restraining order is a separate crime punishable by additional jail time.

Impact on Employment & Professional Licenses

Many employers do criminal background checks, and a PC 273.5 conviction can limit job opportunities.
Licensed professionals (such as nurses, teachers, and lawyers) may face disciplinary action from licensing boards.

5. Can You Get PC 273.5 Charges Reduced or Dismissed?

Yes, an experienced criminal defense attorney may be able to:

✔ Negotiate a plea deal to a lesser charge like domestic battery (PC 243(e)(1)), which carries lighter penalties.
✔ Argue that there is insufficient evidence to prove the charges.
✔ Prove that the injuries were accidental or falsely reported.

5. What Are the Related Offenses To Penal Code § 273.5 PC?

California Penal Code § 273.5 PC makes it a criminal offense to willfully inflict corporal injury on an intimate partner, causing a traumatic condition (such as bruising, swelling, or internal injuries). This law applies to acts of domestic violence against:

Spouses or former spouses
Cohabitants (current or former live-in partners)
Fiancés or dating partners
The parent of the defendant’s child

Because PC 273.5 is a domestic violence law, it is closely related to several other California criminal offenses. Below, we outline the most common related charges.

1. Domestic Battery – Penal Code § 243(e)(1) PC