Penalties for a PC 273.5 Conviction in California
Corporal injury to a spouse is a “wobbler” offense in California, meaning it can be charged as either a felony or a misdemeanor depending on the facts of the case and your criminal history. A conviction may also result in a restraining order that restricts your contact with the alleged victim and can impact your living situation, custody arrangements, and daily life.
Misdemeanor Penalties
- Up to one year in county jail
- A fine of up to $6,000
- Summary (informal) probation
- A mandatory domestic violence batterer’s intervention program
Felony Penalties
- Two, three, or four years in state prison
- A fine of up to $6,000
- Formal (supervised) probation
- A mandatory 52-week batterer’s intervention program
Enhanced Penalties for Prior Convictions
If you have a prior domestic violence conviction within the past seven years (including PC 273.5, PC 243(e)(1), PC 243(d), PC 245, or equivalent offenses), the penalties increase significantly. A felony conviction with priors can result in two, four, or five years in state prison and a fine of up to $10,000. Probation conditions may also include a protective order, restitution to the victim, and completion of counseling programs.
Felony vs. Misdemeanor Corporal Injury Charges — What Determines the Charge?
Several factors influence whether a prosecutor files PC 273.5 as a felony or misdemeanor:
- Severity of the injuries: More serious injuries such as broken bones, lacerations requiring stitches, or concussions are more likely to result in felony charges.
- Your criminal history: Prior domestic violence convictions or a history of violent offenses increase the likelihood of felony prosecution.
- Whether a weapon was involved: Use of a weapon during the incident will almost certainly lead to felony charges and potential sentence enhancements.
- Circumstances of the incident: Factors such as whether children were present (which could lead to separate child endangerment charges), whether the victim was pregnant, or whether the incident involved strangulation all play a role.
- The victim’s statements and cooperation: The alleged victim’s account of events and willingness to cooperate with prosecution can influence charging decisions.
Defense Strategies for Corporal Injury to Spouse Charges
An experienced PC 273.5 defense attorney can build a strong defense based on the specific facts of your case. Common defense strategies include:
- Self-defense or defense of others: If you used reasonable force to protect yourself or another person from imminent harm, this is a complete defense to corporal injury charges.
- False accusations: Domestic disputes are emotionally charged, and false allegations are common. Jealousy, anger, or a desire to gain advantage in custody proceedings can motivate false reports. In some cases, restraining order petitions are filed as leverage in family court, and those same allegations may drive criminal charges.
- Lack of willful intent: The prosecution must prove the injury was inflicted willfully. If the contact was accidental, the charge cannot be sustained.
- Injuries were not caused by physical force: If the alleged injuries were pre-existing, self-inflicted, or caused by something other than direct physical force, this undermines the prosecution’s case.
- Insufficient evidence of a traumatic condition: The prosecution must prove the injury qualifies as a “traumatic condition.” If the evidence of injury is weak or inconclusive, the charges may not hold up.
What Must the Prosecution Prove for a PC 273.5 Conviction?
To convict you of corporal injury to a spouse under Penal Code 273.5, the prosecution must prove each of the following elements beyond a reasonable doubt:
- Willfully inflicted physical injury: You intentionally committed an act that resulted in physical injury. It does not matter whether you intended to cause the specific injury that occurred—only that the act itself was intentional.
- The injury resulted in a traumatic condition: A traumatic condition is any wound or bodily injury caused by the direct application of physical force. This includes bruises, sprains, broken bones, concussions, and internal injuries. Even minor bruising can qualify.
- A qualifying domestic relationship existed: The alleged victim must be your current or former spouse, registered domestic partner, cohabitant, the parent of your child, or someone with whom you have or had a dating relationship.
- You did not act in self-defense or defense of another: If you reasonably believed you or someone else was in imminent danger of bodily harm and used only the force necessary to defend against that danger, you are not guilty of this offense.
Collateral Consequences of a Corporal Injury Conviction
Beyond the direct criminal penalties, a PC 273.5 conviction can have far-reaching consequences that affect many areas of your life:
- Firearm ban: Both California and federal law impose a lifetime ban on owning or possessing firearms after a domestic violence conviction, whether felony or misdemeanor.
- Immigration consequences: A domestic violence conviction is considered a deportable offense and a crime of moral turpitude under federal immigration law, which can result in removal proceedings, denial of naturalization, or bars to reentry.
- Restraining orders: The court will likely issue a criminal protective order (restraining order) that restricts your contact with the alleged victim, which can affect your living arrangements, custody, and family relationships.
- Child custody impact: A domestic violence conviction creates a rebuttable presumption against custody under California Family Code Section 3044, which can significantly impact your ability to maintain custody or visitation rights.
- Employment and professional licensing: A conviction can appear on background checks and may disqualify you from certain jobs, professional licenses, or government positions.
- Permanent criminal record: A corporal injury conviction remains on your criminal record and can affect your future opportunities unless successfully expunged.
How Our Bay Area Domestic Violence Defense Attorneys Can Help
At Summit Defense, our criminal defense attorneys have extensive experience defending clients against PC 273.5 corporal injury charges across the Bay Area. Whether you are facing a standalone corporal injury charge or multiple counts that include assault charges, false imprisonment, or child endangerment, our team knows how to build a comprehensive defense strategy. When you hire our firm, we will:
- Conduct a thorough investigation of the allegations, including interviewing witnesses, reviewing police reports, and analyzing medical records
- Challenge the prosecution’s evidence at every stage of the case
- Negotiate with prosecutors to seek reduced charges or case dismissal where the evidence supports it
- Protect your constitutional rights throughout the legal process
- Develop immigration-safe strategies for non-citizen clients facing deportation risk
- Aggressively represent you at trial if your case goes to court
Our team serves clients in San Jose, San Francisco, Oakland, Redwood City, Sacramento, and throughout the Bay Area. We understand the local courts, prosecutors, and judges—and we use that knowledge to build the strongest possible defense for every client.
