Lawyer for Corporal Injury to Spouse Charges in the Bay Area (PC 273.5)

Under California Penal Code Section 273.5, it is a crime to willfully inflict a physical injury resulting in a traumatic condition upon a person who is or was your spouse, cohabitant, the parent of your child, or someone with whom you have or had a dating relationship. A “traumatic condition” means a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force. This can include bruises, cuts, sprains, concussions, broken bones, or internal injuries.
Unlike simple battery (Penal Code 242), which only requires offensive or harmful touching, PC 273.5 specifically requires that the victim suffer a visible or diagnosable injury. This distinction makes corporal injury charges significantly more serious and carries harsher penalties upon conviction. If a corporal injury incident also involves assault charges or false imprisonment, additional counts may be filed, increasing the severity of the case.

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.