Penal Code 273.5 PC | Domestic Violence Body Injury

California Penal Code 273.5 PC | Domestic Violence Body Injury

California Penal Code 273.5 PC is the state’s law that makes it illegal to inflict a corporal injury resulting in a traumatic condition on certain protected classes of victims, including a spouse, cohabitant, fiancé, child’s parent, or someone you previously had an intimate relationship with[1]. This offense is more commonly referred to as domestic violence or spousal abuse. A conviction can lead to 2, 3, or 4 years in state prison[2].

What is Corporal Injury?

Corporal injury refers to any physical injury, no matter how minor or serious it is[3]. Some examples of corporal injuries include:

• Scratches
• Bruises
• Swelling
• Black eye
• Broken nose
• Concussion

The injury has to result in a “traumatic condition,” which simply means a wound or bodily injury caused by physical force[4]. It doesn’t matter if the injury is minor like a scratch or more serious like a broken bone.

Protected Classes of Victims

For a corporal injury charge to apply, the victim must fall into one of the following protected classes[1]:

• Current or former spouse/registered domestic partner
• Current or former cohabitant
• Fiancé/fiancée
• Someone you have a child with
• Current or former boyfriend/girlfriend

If the victim doesn’t fall into one of these classes, you could still be charged with assault or battery, but not corporal injury to a spouse or cohabitant.

Proving Corporal Injury to a Spouse

For a prosecutor to convict you under Penal Code 273.5, they need to prove these elements[5]:

1. You willfully inflicted a physical injury on someone else
2. The injury resulted in a traumatic condition
3. The victim was your current or former spouse/cohabitant/etc.
4. Your actions were not in self-defense or defense of others

“Willfully” means you intended to commit the act. It doesn’t require an intent to cause injury.

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2024-03-21

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2024-03-18

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2024-03-15

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2024-03-15

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Penalties & Sentencing

Corporal injury to a spouse is a wobbler offense, meaning it can be charged as either a misdemeanor or felony[2].

Misdemeanor Penalties

Misdemeanor convictions carry the following penalties[4]:

• Up to 1 year in county jail
• A fine up to $6,000
• Misdemeanor probation

Felony Penalties

Felony convictions carry the following penalties[4]:

• 2, 3, or 4 years in state prison
• A fine up to $6,000
• Felony probation

Prior Domestic Violence Convictions

Harsher penalties apply if you have a prior domestic violence conviction within the last 7 years, including[4]:

• Misdemeanor priors – up to 1 year jail
• Felony priors – 2, 3, or 4 years prison

Great Bodily Injury Enhancement

If the victim suffers “great bodily injury,” you face an additional 3-5 years in prison[6]. Great bodily injury means significant or substantial physical injury.

Other Consequences

Other consequences of a conviction include:

• Mandatory domestic violence counseling
• Restraining order up to 10 years
• Cannot own firearms for 10 years
• Potential deportation if not a U.S. citizen

Related Offenses

Prosecutors often charge other domestic violence crimes along with corporal injury, such as:

• Domestic battery – Penal Code 243(e)(1)
• Assault/battery – Penal Code 240/242
• Criminal threats – Penal Code 422
• Violation of a restraining order – Penal Code 273.6