DOMESTIC VIOLENCE LAW — CALIFORNIA
Corporal Injury on a Spouse or Cohabitant — PC §273.5
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney
Quick Reference
Corporal Injury on Spouse California — At a Glance
- Law / Code
- PC §273.5
- Classification
- Wobbler — Misdemeanor or Felony
- Maximum Penalty
- Up to 1 year jail (misdemeanor) / 2–4 years prison (felony)
- Probation Eligible
- 3–5 years with domestic violence terms
- Strike Offense
- Yes if traumatic condition with GBI
- Related Codes
- PC §243(e)(1)PC §422PC §1203.097PC §29800
What Is Corporal Injury on Spouse California Under California Law?
Legal Framework. Penal Code section 273.5 makes it a crime to willfully inflict a corporal injury resulting in a traumatic condition on a spouse, former spouse, cohabitant, former cohabitant, fiancé or fiancée, person with whom the defendant has or previously had a dating relationship, or the parent of the defendant’s child. A “traumatic condition” is a wound or other bodily injury, whether minor or serious, caused by physical force. The prosecution must prove both a qualifying relationship and that the defendant willfully inflicted an injury that caused the condition. The statute does not require a visible bruise, medical treatment, or a serious injury. But it does require an actual injury; offensive touching alone, without a traumatic condition, does not establish PC §273.5. “Willfully” means the act was done intentionally, not that the accused intended to break the law or necessarily intended the precise injury that resulted.
The Prosecution's Burden. A violation of PC §273.5 is a wobbler, meaning the Los Angeles County District Attorney may file it as either a misdemeanor or a felony. The charging decision commonly turns on the reported injury, photographs, medical records, allegations of choking or weapon use, prior domestic-violence history, alleged probation status, and the parties’ statements. A misdemeanor conviction is punishable by up to one year in county jail; a felony conviction carries two, three, or four years in state prison. PC §273.5(a). The statute also contains enhanced punishment provisions when the defendant has qualifying prior convictions within seven years, including prior domestic-violence offenses. PC §273.5(f). A court may impose probation in an appropriate case, but domestic-violence probation carries mandatory statutory conditions, including a batterer intervention program under PC §1203.097.
Potential Consequences. PC §273.5 is often charged alongside or instead of PC §243(e)(1), domestic battery. The central difference is injury: PC §243(e)(1) can be based on an unlawful and harmful or offensive touching against a person in a qualifying intimate relationship, while PC §273.5 requires a corporal injury resulting in a traumatic condition. Prosecutors may also add criminal threats under PC §422, vandalism under PC §594, false imprisonment under PC §236, or child-endangerment allegations under PC §273a when the reported incident supports those theories. In Los Angeles, an arrest may be followed by an LAPD or LASD report, emergency-protective-order issues, and a filing review by the District Attorney. The complaining witness does not control whether charges proceed; the prosecutor can rely on recordings, photographs, body-worn-camera footage, medical evidence, and other witnesses.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §273.5
To convict under PC §273.5, the prosecution must prove each of the following elements beyond a reasonable doubt:
Willful Application of Force
The defendant willfully touched or used force against the alleged victim.
Qualifying Relationship
The alleged victim is a spouse, former spouse, cohabitant, former cohabitant, fiancé(e), dating partner, or co-parent.
Traumatic Condition
A wound or bodily injury resulting from the direct application of physical force.
All elements must be proven beyond a reasonable doubt.
Penalties
Penalties for Corporal Injury on Spouse California in California
Misdemeanor
Up to 1 year jail, $6,000 fine, 3-5 year formal probation, 52-week batterer's program, and 3-year protective order.
Felony
2, 3, or 4 years state prison; +3-5 years for great bodily injury (PC §12022.7); strike with GBI.
Additional Consequences
- 10-year California firearm ban (PC §29805)
- Lifetime federal firearm ban (Lautenberg)
- Immigration removal exposure — CIMT and aggravated felony analysis
05 — Defense Strategies
How Rubin Law Defends Corporal Injury on Spouse California Charges
Rubin Law, P.C. attacks the elements of PC §273.5 and drives outcomes that avoid conviction where possible.
No Traumatic Condition Caused by the Alleged Act
PC §273.5 requires proof that the accused willfully inflicted a corporal injury resulting in a traumatic condition. The prosecution cannot substitute an allegation of anger, a verbal dispute, or unwanted touching for evidence of an injury caused by the defendant’s conduct. The defense examines whether photographs actually show an injury, whether medical records identify a different cause, whether the condition predated the incident, and whether the timing of the reported pain is reliable. Minor injuries can qualify, so the argument is not simply that the injury was small. The critical question is causation: did an intentional act by the defendant produce a wound or bodily injury? If that link is missing, the PC §273.5 charge is not proved.
U.S. Const. amend. IV
Self-Defense or Defense of Another
A person may use reasonable force to defend against an imminent unlawful touching or to protect another person from imminent harm. In a domestic dispute, the initial caller or person with visible marks is not automatically the lawful victim. A defensive act can leave the other person injured, particularly where someone is restrained, blocked from leaving, or attempts to take a phone or keys. The defense reconstructs the encounter through 911 audio, body-worn-camera video, injuries on both parties, damaged-property evidence, witness accounts, and contemporaneous messages. The question is whether the force used was reasonable under the circumstances as they appeared to the defendant. Lawful self-defense defeats criminal liability even when the other person suffered a traumatic condition.
17 CCR §1219.3
Accident Rather Than a Willful Infliction
The statute requires a willful infliction of injury. That does not mean the prosecutor must prove an intent to violate the law, but it does require an intentional act that caused the injury rather than a purely accidental event. An injury during a struggle over a door, a fall while someone is pulling away, an accidental collision, or an effort to separate fighting parties may not satisfy the element. The defense identifies the mechanics of the event and tests them against objective evidence: the location, video, injury pattern, photographs, dispatch timing, and each person’s prior statements. Where the evidence supports accident or an unintended consequence of lawful conduct, the prosecution cannot establish the required willful act beyond a reasonable doubt.
NHTSA SFST
Challenge Credibility and the Account of Causation
Domestic-violence cases frequently turn on one person’s account, but a report made during a volatile breakup or custody dispute must still be tested like any other evidence. A defense investigation may uncover changing descriptions of the event, inconsistent timelines, omissions in the 911 call, messages that contradict the claimed fear or injury, motives connected to housing or family-court litigation, or physical evidence inconsistent with the allegation. Prior inconsistent statements may be important whether the witness later recants or continues to accuse. The defense does not assume a recantation ends the case; prosecutors may use prior statements, recordings, and other evidence. Instead, the defense focuses on whether the evidence as a whole reliably proves a willful injury and the claimed sequence of events.
VC §23152
Suppress an Unlawful Statement or Search
Statements made to LAPD or LASD officers can be central evidence in a PC §273.5 case, especially when there are limited independent witnesses. If officers conducted a custodial interrogation without the warnings required by Miranda v. Arizona, the defense can seek exclusion of the resulting statement. A motion may also challenge an unlawful warrantless entry into a home, an overbroad search, or seizure of a phone and its contents without valid consent, exigent circumstances, or a warrant. Domestic-violence calls do not eliminate Fourth and Fifth Amendment protections. Suppression litigation is fact-specific and may substantially change the proof available to the prosecution, including alleged admissions, digital communications, photographs, and observations obtained after an unlawful entry.
17 CCR §1219.1
Seek a Fact-Based Reduction and Appropriate Resolution
When the evidence establishes some misconduct but does not reliably establish a willful injury, counsel can press for a charge consistent with the actual proof, including consideration of PC §243(e)(1) rather than PC §273.5 where legally appropriate. The defense presents mitigating facts early: lack of prior record, limited or disputed injury, mutual confrontation, counseling or treatment undertaken voluntarily, stable employment, immigration concerns, and compliance with protective-order terms. This is not a substitute for a trial defense, and no outcome can be assumed. It is a structured negotiation supported by records and context. In Los Angeles County, early work with the assigned prosecutor can be particularly important before a felony filing position hardens or probation conditions are imposed at sentencing.
VC §23103.5
Constitutional Sources: Fourth Amendment — U.S. Constitution
Collateral Consequences of a Corporal Injury on Spouse California Conviction
A conviction does not end when the jail sentence does. These are the long-tail consequences that shape how we negotiate and litigate every case.
Immigration Consequences
A conviction can trigger removal, inadmissibility, or denial of naturalization for non-citizens. Even a plea to a reduced charge may be treated as a conviction under federal immigration law. We build every plea with the immigration file in mind.
Firearm Rights
A felony conviction under PC §29800 permanently bars firearm possession under California and federal law. Some misdemeanors also trigger a 10-year California ban under PC §29805. Restoration is limited and case-specific.
Professional Licensing
Nurses, teachers, contractors, real estate agents, CDL holders, and lawyers must self-report criminal convictions to their licensing boards. Boards can suspend, restrict, or revoke a license based on the underlying conduct — not just the conviction.
Employment & Background Checks
A conviction shows up on virtually every background check for the rest of your life absent expungement under PC §1203.4 or record sealing. Employers in healthcare, finance, government, and childcare treat it as disqualifying.
Housing Applications
Private landlords, subsidized housing programs, and student housing all screen criminal records. A recent conviction can end an application before it is reviewed. We negotiate with the record in mind.
Family Code §3044 Presumption
A §273.5 conviction creates a rebuttable presumption against joint or sole physical custody for five years — a devastating collateral consequence in any active custody case.
Questions
Frequently Asked — Corporal Injury on Spouse California
What must the prosecutor prove under PC §273.5?
To prove corporal injury under Penal Code section 273.5, the prosecution must prove that the defendant willfully inflicted a corporal injury resulting in a traumatic condition on a person in a qualifying relationship. Covered relationships include a spouse or former spouse, cohabitant or former cohabitant, fiancé or fiancée, current or former dating partner, and the parent of the defendant’s child. PC §273.5(b). A traumatic condition means a wound or other bodily injury caused by physical force; it may be minor and need not require medical care. The prosecutor must still prove an actual injury and causation. A heated argument, insulting language, or an offensive touching without an injury may support another allegation, but does not by itself prove PC §273.5.
Is corporal injury on a spouse a felony or misdemeanor in California?
PC §273.5 is a wobbler. The prosecutor may charge it as a misdemeanor or a felony based on the facts and the defendant’s history. Injury severity, photographs, medical treatment, alleged strangulation, use of a weapon, prior domestic-violence reports or convictions, and whether children were present can affect the filing decision. Under PC §273.5(a), a misdemeanor conviction can carry up to one year in county jail. A felony conviction can carry two, three, or four years in state prison. Certain qualifying prior convictions within seven years can increase the statutory exposure under PC §273.5(f). The charging label is important, but it is not the only issue; protective orders, probation conditions, firearm restrictions, immigration consequences, and family-law effects can be equally significant.
Can the case be dropped if my spouse does not want to press charges?
Not necessarily. In California, the District Attorney—not the spouse, partner, or other reporting person—decides whether to file or continue a criminal case. A witness may tell the prosecutor that they do not want prosecution or that their initial statement was inaccurate, but that does not automatically require dismissal. The prosecution may rely on 911 calls, body-worn-camera footage, officer observations, photographs, medical records, text messages, and statements made near the time of the event. A recantation can also be scrutinized for reliability or outside pressure. Defense counsel should not encourage, coach, threaten, or arrange improper contact with a protected person. Instead, counsel can lawfully investigate the evidence, identify inconsistencies, and present exculpatory information to the prosecutor and court.
What are the penalties and probation terms for PC §273.5?
The direct sentencing range depends on whether PC §273.5 is filed as a misdemeanor or felony, any prior convictions, and the circumstances of the injury. A misdemeanor is punishable by up to one year in county jail; a felony is punishable by two, three, or four years in state prison under PC §273.5(a). Courts may grant probation in suitable cases, but PC §1203.097 imposes specific domestic-violence probation conditions. These generally include a protective order, a minimum 52-week batterer intervention program, community service or labor, a fee, and other conditions designed to protect the victim. A conviction may also trigger a firearms prohibition under federal law and California law, affect professional licensing, and create serious immigration and family-court consequences.
Can I be convicted if there are no visible injuries or medical records?
Yes, visible injuries and medical records are not statutory requirements. PC §273.5 requires a traumatic condition, defined as a wound or other bodily injury caused by physical force, and even a minor injury may qualify. The prosecution may attempt to prove that element through testimony about pain, redness, swelling, tenderness, or an injury that was not photographed clearly. But the absence of photographs, medical treatment, or contemporaneous documentation can be important to the defense. It may weaken proof that an injury actually occurred, when it occurred, how it was caused, or whether it was caused by the accused rather than an accident or another event. Each case depends on the total evidence, including 911 audio, officer observations, messages, and witness credibility.
What happens after a PC §273.5 arrest in Los Angeles County?
After an LAPD or LASD arrest, officers prepare reports and the person may be booked, cited, or held for a bail determination. Prosecutors then review the reports and available evidence to decide whether to file charges. At arraignment in Los Angeles County Superior Court, the judge addresses the complaint, bail or release conditions, and a criminal protective order when requested. The court may order no contact, stay-away terms, or peaceful-contact limits; violating a valid order can create a separate criminal problem. Early evidence preservation matters because 911 recordings, surveillance video, photographs, medical documentation, and witness communications may shape the case. Prompt legal representation can help protect constitutional rights and address release conditions; Rubin Law, P.C. can be reached at (213) 723-2337.
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