California Corporal Injury (Penal Code 273.5) — Elements, Penalties, and Defenses
If you’re facing a domestic violence charge in California, it’s critical to understand the difference between simple domestic battery and corporal injury under Penal Code § 273.5. This page summarizes the elements, potential penalties, and common defenses so you can make informed decisions with your attorney.
What Is California Corporal Injury (Penal Code 273.5)?
Penal Code § 273.5 makes it a crime to willfully inflict a physical injury on an intimate partner that results in a traumatic condition. It is often charged as “corporal injury to a spouse/cohabitant.”
Elements Prosecutors Must Prove
- The defendant willfully inflicted physical injury;
- The alleged victim was an intimate or domestic partner (spouse, cohabitant, fiancé, dating partner);
- The injury caused a traumatic condition (e.g., swelling, bleeding, visible injury); and
- The defendant was not acting in lawful self-defense or defense of others.
Possible Penalties
Penalties depend on whether the charge is filed as a misdemeanor or a felony.
- Misdemeanor: Up to 1 year in county jail, up to $6,000 in fines, and summary probation.
- Felony: 2, 3, or 4 years in state prison, up to $6,000 in fines, and felony probation (where applicable).
How PC 273.5 Differs From PC 243(e)(1)
PC 243(e)(1) covers simple battery against an intimate partner and is typically a misdemeanor with lesser penalties. PC 273.5 requires a traumatic condition and carries more serious consequences — including potential state prison time when charged as a felony.
Common Defenses to Corporal Injury Charges
Defenses can include:
- Self-defense or defense of another (reasonable belief of imminent harm);
- Accident or lack of intent to cause injury;
- Insufficient evidence that a traumatic condition occurred; and
- Challenging witness credibility or inconsistent statements.
What to Do If You’re Charged
Do not speak to police without an attorney. Collect any evidence you can (photos, messages, witness names) and contact a criminal defense lawyer experienced in domestic-violence cases. A well-prepared mitigation packet and early defense strategy can affect charging decisions and plea offers.
Contact a San Diego Domestic Violence Defense Attorney
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense & Business Law
https://lawstache.com
(619) 357-6677
185 West F Street, Suite 100-D
San Diego, CA 92101
Licensed in California, Nevada, and Federal Courts
Русскоязычные клиенты: russiansandiegoattorney.com
Frequently Asked Questions — California Corporal Injury (PC 273.5)
Q: Can PC 273.5 be a misdemeanor?
A: Yes. Depending on facts and prior record, prosecutors may file PC 273.5 as a misdemeanor or a felony.
Q: What qualifies as a “traumatic condition”?
A: A traumatic condition is an injury more significant than a transient or trivial injury — typically visible injury, bruising, swelling, bleeding, or other medical evidence.
Q: Will I lose custody of my children if convicted?
A: A domestic violence conviction can seriously affect child custody. Consult a lawyer immediately to address custody risks.
Q: How can a lawyer help?
A: An attorney will evaluate evidence, negotiate with prosecutors, prepare mitigation, file motions (including discovery and suppression), and advocate at trial if needed.