273.5 PC – Corporal Injury to Spouse / Cohabitant

Understanding California Penal Code 273.5: Corporal Injury to a Spouse or Cohabitant

Introduction

Domestic violence is a serious issue affecting countless families across California each year. While public awareness of this problem has grown, many people still do not fully understand the legalities involved, particularly when it comes to the state’s laws on corporal injury to a spouse or cohabitant.

This article will examine California Penal Code 273.5 – the law making it a crime to willfully inflict corporal injury resulting in a traumatic condition upon a spouse, former spouse, cohabitant, former cohabitant, or someone you have a child with. We’ll look at the legal definition, penalties, common defenses, and other key details those in California need to know about PC 273.5.

What is Penal Code 273.5?

Legal Definition

Under California Penal Code 273.5, it is illegal for someone to intentionally or recklessly cause or attempt to cause bodily injury to:

• A current or former spouse/fiancé(e)
• A current or former cohabitant – someone you live or lived with in a romantic relationship
• The mother or father of your child

The victim must suffer some form of corporal or traumatic injury as a result of the perpetrator’s willful actions. This covers a wide range of physical harm like bruising, bleeding, bone fractures, concussions, and other injuries inflicted through physical abuse.

Differences from Domestic Battery

While PC 273.5 is often referred to as “spousal abuse,” it is different from California’s domestic battery law (PC 243(e)(1)). The main differences include:

• Domestic battery does not require an injury, just offensive touching
• PC 273.5 only applies to specific relationships like spouses and cohabitants
• Inflicting traumatic injury elevates PC 273.5 to a felony, while domestic battery is a misdemeanor

So in summary, 273.5 is a more severe criminal charge reserved for domestic violence cases where one partner intentionally injured the other.

Penalties and Sentencing

Corporal injury to a spouse or cohabitant can be charged as either a misdemeanor or felony depending on the circumstances. Here are the potential sentences if convicted under PC 273.5:

Misdemeanor Penalties

• Up to 1 year in county jail
• Fines up to $6,000
• Mandatory counseling or batterer’s treatment program
• Restraining order up to 10 years

Felony Penalties

• 2 to 4 years in California state prison
• Fines up to $6,000
• Mandatory counseling or batterer’s treatment program
• Restraining order up to 10 years

Factors that elevate PC 273.5 to a felony:

• Causing significant or visible injury
• Use of dangerous weapon
• Prior conviction of PC 273.5 on same victim in last 7 years
• Traumatic condition requiring hospitalization

Prosecutors have discretion in charging 273.5 offenses as misdemeanors or felonies based on the severity and circumstances. They may seek felony enhancements in particularly serious cases.

What are Common Legal Defenses?

While PC 273.5 allegations should always be taken seriously, false accusations do sometimes occur in contentious domestic disputes. Here are some examples of legal defenses that may apply in fighting corporal injury charges:

No Intent to Harm

Argue any injury was accidental and you lacked willful intent to harm the alleged victim. The injury must be intentionally inflicted to violate PC 273.5.

Self-Defense

If you acted in self-defense to protect yourself from violence initiated by the accuser, the injury may be justifiable. Use of reasonable force in self-defense is allowed.

No Traumatic Injury Occurred

The prosecution must prove the accuser suffered an actual corporal or traumatic injury meeting the legal definition. Challenge any exaggeration or fabrication of minor injuries.

No Qualifying Relationship

The victim must be a current/former spouse, fiancé(e), cohabitant, or co-parent for PC 273.5 to apply. Dispute any characterization of the relationship as qualifying if inaccurate.

False Allegations

If you have evidence the accuser fabricated the charges entirely, work to expose lies, motives to deceive, and inconsistencies in their claims against you.

An experienced criminal defense attorney can help assess whether any plausible defenses may be available in fighting allegations under this code section.

Domestic Violence Resources

While Penal Code 273.5 specifically criminalizes spousal/cohabitant injury, the broader issue of domestic violence also requires preventative and supportive societal responses. Here are some resources available for those impacted by abuse in California:

National Domestic Violence Hotline

• 24/7 support at 800-799-SAFE (7233) or online chat

California Partnership to End Domestic Violence

• Connects victims to local resources for shelter, legal help, counseling

WEAVE – Services for victims in Sacramento area

• 24-hour crisis intervention: 916-920-2952

Los Angeles County Domestic Violence Hotline

• Help with restraining orders, shelters, and counseling

San Diego Domestic Violence Hotline

• Live chat available
• 888-385-4657

Anyone experiencing abuse should know there are resources available to get help safely escaping violence and holding perpetrators accountable.

Conclusion

In summary, Penal Code 273.5 is an important law in California aimed at deterring and punishing domestic violence cases where an abuser intentionally injures their spouse, partner, or co-parent. The severity of penalties reflects how gravely the state treats these acts of family abuse resulting in corporal harm. Understanding the legal definitions, penalties, and defenses related to PC 273.5 can help people be aware of their rights and responsibilities in preventing tragic instances of domestic violence. If you find yourself accused under this law, consulting with an attorney experienced in defending such allegations is essential. There are also many resources available in California for those currently facing abuse to get safe and compassionate support.

Sources

California Penal Code 273.5 – Justia

Domestic Battery Laws – PC 243(e)(1) – Shouse Law Group

Felony Enhancements and Sentencing – Shouse Law Group

Domestic Violence Defenses – Aizman Law Firm

California Domestic Violence Resources – Criminal Defense Lawyer