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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]:
- You willfully inflicted a physical injury on someone else
- The injury resulted in a traumatic condition
- The victim was your current or former spouse/cohabitant/etc.
- 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.
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
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