California Penal Code Section 273.5 makes it a crime to willfully inflict a physical injury that results in a “traumatic condition” upon a spouse, former spouse, cohabitant, former cohabitant, fiancé, dating partner, or the other parent of the defendant’s child. Commonly called corporal injury to a spouse or cohabitant, this is one of California’s most serious domestic violence charges.
What Must the Prosecution Prove?
To obtain a conviction under Penal Code 273.5, the prosecution generally must prove that the defendant willfully inflicted a physical injury upon someone protected by the statute and that the injury caused a traumatic condition. The prosecution must also establish that the defendant did not act in lawful self-defense or defense of another person.
“Willfully” means the physical act was committed intentionally. It does not necessarily mean the defendant intended to violate the law or cause a particular level of injury.
Under California Penal Code Section 273.5, a traumatic condition may include a wound or another internal or external bodily injury caused by physical force. The injury does not have to be severe. A bruise, swelling, scratch, cut, or other visible injury may support a charge. Injuries resulting from strangulation or suffocation can also qualify.
Is Penal Code 273.5 a Felony?
Corporal injury under PC 273.5 is commonly described as a “wobbler.” Depending on the alleged injuries, the defendant’s criminal history, and other circumstances, the case may be prosecuted as a misdemeanor or felony.
A misdemeanor conviction can result in up to one year in county jail. A felony conviction may carry a state prison sentence of two, three, or four years. The court may also impose a fine of up to $6,000. Prior domestic violence or assault-related convictions can expose a defendant to increased fines and longer periods of incarceration.
Additional consequences may include probation, a protective order, completion of a domestic violence treatment program, loss of firearm rights, immigration consequences, and complications involving employment, professional licensing, or child custody.
Defenses to a Corporal Injury Charge
Every domestic violence case is different. Possible defenses may include self-defense, defense of another person, accidental injury, false allegations, mistaken identity, or insufficient evidence that the defendant caused the alleged traumatic condition.
A criminal defense attorney like Jacob Austin may examine photographs, medical records, body-camera footage, 911 recordings, text messages, witness statements, and inconsistencies in the police report. Even when an alleged victim asks to “drop the charges,” the prosecuting agency, not the complaining witness, decides whether the case will continue.
Speak With a San Diego Domestic Violence Defense LawyerJacob Austin
A charge under Penal Code Section 273.5 can affect your freedom, reputation, career, family relationships, and future. Early legal representation may help preserve evidence, identify weaknesses in the prosecution’s case, and protect your constitutional rights.
If you have been arrested or accused of corporal injury in San Diego, contact our criminal defense office for a confidential consultation. We can review the allegations, explain your options, and develop a defense strategy based on the specific facts of your case.
Disclaimer
This information is provided for general educational purposes and does not constitute legal advice.