California Penal Code § 273.5 PC – “Corporal Injury” to a Spouse or Cohabitant
Penalties, Legal Defenses, and How our San Diego Defense Lawyers Can Help You Fight Back
If your defense strategy isn’t securing your future, it’s probably jeopardizing it.
At Kersey Law, we know that facing domestic violence charges under Penal Code 273.5 is an incredibly stressful experience. These are serious charges, and the penalties can be life-altering. If you’re accused of inflicting corporal injury on someone, you need to fully understand the law, the consequences, and your options. We’re here to help guide you through it.
What is Penal Code 273.5?
Penal Code 273.5 makes it a crime to willfully inflict corporal injury on someone resulting in a traumatic condition. The law applies specifically to spouses, cohabitants, or the parent of your child. The injury doesn’t have to be severe, but it does have to result in a visible or internal wound, such as a bruise or a cut. In California, this is considered a serious domestic violence offense.
The language of the code section states that:
PC 273.5. (a) 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.
Examples of Corporal Injury
- Slapping a spouse during an argument, resulting in visible bruises.
- Pushing your cohabitant into a wall, causing a sprained wrist.
- Punching the other parent of your child, leading to internal injuries.
To help you better understand the law, our San Diego criminal defense lawyers discuss:
Table of Contents
At Kersey Law, we know that facing domestic violence charges under Penal Code 273.5 is an incredibly stressful experience. These are serious charges, and the penalties can be life-altering. If you’re accused of inflicting corporal injury on someone, you need to fully understand the law, the consequences, and your options. We’re here to help guide you through it.
What is Penal Code 273.5?
Penal Code 273.5 makes it a crime to willfully inflict corporal injury on someone resulting in a traumatic condition. The law applies specifically to spouses, cohabitants, or the parent of your child. The injury doesn’t have to be severe, but it does have to result in a visible or internal wound, such as a bruise or a cut. In California, this is considered a serious domestic violence offense.
The language of the code section states that:
PC 273.5. (a) 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.
Examples of Corporal Injury
- Slapping a spouse during an argument, resulting in visible bruises.
- Pushing your cohabitant into a wall, causing a sprained wrist.
- Punching the other parent of your child, leading to internal injuries.
To help you better understand the law, our San Diego criminal defense lawyers discuss:
Table of Contents
Elements of Penal Code 273.5
To secure a conviction under Penal Code 273.5, the prosecution must prove three critical elements beyond a reasonable doubt:
- The defendant willfully inflicted physical injury on another person.
- The injury resulted in a traumatic condition, such as a visible injury or internal damage.
- The victim was a spouse, cohabitant, or parent of the defendant’s child.
These three elements form the foundation of the prosecution’s case. If the prosecution fails to prove any one of these elements, the charge cannot hold.
Penalties for Violating Penal Code 273.5
Violations of Penal Code 273.5 can be charged as either a misdemeanor or a felony, depending on the severity of the injury and your criminal history. If convicted, you could face:
For Misdemeanor Convictions:
- Up to 1 year in county jail
- Fines of up to $6,000
- Probation
For Felony Convictions:
- 2, 3, or 4 years in state prison
- Fines of up to $10,000
- A potential “strike” under California’s Three Strikes Law
Defenses Against Penal Code 273.5 Charges
We know there are two sides to every story. If you’ve been charged with violating Penal Code 273.5, there are several potential defenses to the case, including:
- Self-defense: You acted to protect yourself or others from harm.
- False accusations: The victim fabricated or exaggerated the claims against you.
- Lack of willful intent: The injury was accidental, not intentional.
- No traumatic condition: The injury does not meet the legal definition of a traumatic condition.
What Happens if the Accuser Refuses to Testify?
If the accuser decides not to testify, that doesn’t mean the charges will automatically be dismissed. The prosecution can still move forward with the case using other evidence, such as:
- Police reports
- Medical records
- Testimony from other witnesses
While a refusal to testify can weaken the prosecution’s case, they may still push for a conviction using other available evidence.
Related Crimes to Penal Code 273.5
Several other crimes are commonly charged alongside or instead of PC 273.5, including:
- Penal Code 236 – False Imprisonment: When someone unlawfully restricts your freedom of movement against your will, it’s called false imprisonment. This isn’t just a petty misunderstanding—it’s a serious offense that can be charged as either a misdemeanor or a felony, depending on the severity.
- Penal Code 240 – Assault: Assault isn’t just about landing a punch—it’s about the attempt to do harm. Under California Penal Code 240, even trying to cause injury to another person, if you have the ability to carry it out, can land you in court. Depending on the circumstances, this can result in either a misdemeanor or a felony charge.
- Penal Code 242 – Battery: Battery takes things one step further. While assault is about the attempt, battery involves actual physical contact—the unlawful infliction of force upon another person. The consequences for battery range from a misdemeanor to a felony, depending on the level of force and the resulting injury.
- Penal Code 243(d) – Aggravated Battery: When battery results in serious bodily injury, it becomes aggravated battery under Penal Code 243(d). Whether it’s a broken bone or another significant injury, this charge can carry much heavier penalties. This can be prosecuted as either a misdemeanor or a felony.
- Penal Code 243(e)(1) – Domestic Battery: Domestic battery involves harmful or offensive contact with an intimate partner. Although it’s a misdemeanor, the impact of a domestic battery conviction can be severe—ranging from mandatory counseling to significant fines and potential jail time.
- Penal Code 273a – Child Endangerment: The safety of children is paramount, and Penal Code 273a addresses situations where a child is put at risk of harm. This can include neglect or reckless behavior that could cause injury. Whether charged as a felony or a misdemeanor, child endangerment is a serious offense with life-altering consequences.
- Penal Code 368 – Elder Abuse: Protecting vulnerable adults is critical, and elder abuse under Penal Code 368 covers a wide range of offenses, from physical harm to emotional abuse of someone aged 65 or older. Whether willfully or negligently caused, this can result in felony or misdemeanor charges.
- Penal Code 415 – Disturbing the Peace: From getting into a public fight to creating excessive noise, disturbing the peace may seem minor, but it’s no joke under California law. This misdemeanor can result in fines, probation, or even jail time.
Additional Resources for Victims of Domestic Violence
If you or someone you know is a victim of domestic violence, there are resources available to provide support and guidance.
- California Partnership to End Domestic Violence – Comprehensive list of domestic violence organizations throughout California.
- DomesticShelters.org – A directory of shelters for victims of domestic violence.
- WomensLaw.org – Information and support for victims of domestic violence.
- Blue Shield of California Foundation – Resources for survivors and advocates.
- National Domestic Violence Hotline – 24/7 hotline for domestic violence victims.
How Kersey Law Can Help
Facing a domestic violence charge can feel overwhelming. You need an experienced attorney who understands how to defend against serious domestic violence charges and can protect your rights throughout the process. At Kersey Law, we’re committed to providing personalized, expert defense strategies to help you navigate the complexities of the legal system.
Contact Kersey Law for a Free Consultation
If you’re facing domestic violence charges, don’t wait. The sooner we start working on your defense, the better your chances of a favorable outcome. Contact Kersey Law today to schedule a free consultation and learn how we can help you fight back.
How it works
It’s easy to get started.
Invest in Your Defense. Protect Your Future.
Results may vary depending on your particular facts and legal circumstances.
Step 1
Request a FREE Case Review
With a free case evaluation, discussing your case details is simple with Kersey Law.
Step 2
We Build Your Defense
If we take on the case, our team will begin an in-depth investigation and craft a personalized defense strategy based on the unique aspects of your situation.
Step 3
We Fight for You
Our dedicated team will vigorously defend your rights and work tirelessly to achieve the best possible outcome.
The truth is, without a strategic defense strategy, you're missing out on a powerful tool to protect your future and achieve the best possible outcome for your case.
See what others have to say about Building a Winning Defense Strategy that Protects Your Future.
Results may vary depending on your particular facts and legal circumstances.
Fighting Criminal Charges In California
Download Our Powerful Free Guide to Protect Your Future and Navigate the Legal System With Confidence.
Let Us Help You Get Started
Explore the tools you need for your defense with Kersey Law. Browse our resource center, watch educational videos, and learn from client success stories.
Explore
Stay up-to-date with the latest in criminal defense with our informative blog. Read expert insights, case updates, and more to stay informed and ahead of the game.
Learn
Stay informed with our Criminal Defense Resource Center, covering a wide range of topics from assault and battery to DUI. Access helpful guides, articles, and more to protect your rights.
Featured Blog
Your Case is Not an “Easy” Case – Here’s Why It Deserves Serious Attention
When someone is facing criminal charges, it’s common to think, “This is an easy case.” Maybe it seems straightforward, or perhaps there’s a belief that
Schedule Your FREE Strategy Session Today
In just 1 hour, you’ll have a clear, actionable plan to turn your defense into an unstoppable force that can give you the most favorable outcome for your case (no obligation to move forward!).