California Penal Code §273.5 — Corporal Injury to Spouse
PC §273.5 makes it a crime to willfully inflict corporal injury resulting in a traumatic condition on a spouse, cohabitant, former partner, dating partner, or co-parent. Unlike misdemeanor domestic battery (PC §243(e)(1)), §273.5 requires visible injury and is a wobbler carrying up to 4 years in state prison plus a mandatory 52-week batterers' intervention program.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Corporal Injury to Spouse Cases in All LA County Courts
01 — Quick Facts
PC §273.5 — Corporal Injury to Spouse at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §273.5 — Corporal Injury to Spouse or Cohabitant |
| Code Type | Penal Code (PC) |
| Classification | Wobbler (Misdemeanor or Felony) |
| Misdemeanor | Up to 1 year county jail |
| Felony | 2, 3, or 4 years state prison |
| Fine | Up to $6,000 |
| Prior §273.5 (7-Year Lookback) | 2, 4, or 5 years prison; $10,000 fine |
| Required Program | 52-week Batterers' Intervention Program (mandatory) |
| Firearm Rights | Lifetime federal ban under Lautenberg + 10-year CA ban |
| Strike | Yes if GBI enhancement true-found (PC §12022.7(e)) |
| Expungeable | Yes if probation granted (PC §1203.4) |
| Immigration | Deportable crime of domestic violence (8 USC §1227(a)(2)(E)) |
| Related Codes | PC §243(e)(1), §368, §646.9, §422 |
| If Charged | Call (213) 723-2337 — DO NOT contact the alleged victim |
01 — What Is PC §273.5?
What Is California Penal Code §273.5?
PC §273.5 Reads:
"Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim [who is a spouse, former spouse, cohabitant, former cohabitant, fiancé, someone with whom the offender has an engagement or dating relationship, or the mother or father of the offender's child] is guilty of a felony."
— California Penal Code §273.5(a)
PC §273.5 is the primary felony domestic violence charge in California. The critical element separating it from misdemeanor §243(e)(1) is 'traumatic condition' — any wound or bodily injury, however minor, caused by physical force. Even a small bruise, redness, or scratch qualifies as a traumatic condition. This low bar allows prosecutors to elevate most domestic incidents to felony status when they choose.
Traumatic Condition — The Defining Element
A traumatic condition is defined as a wound or other bodily injury, whether minor or serious. It includes bruises, redness, swelling, scratches, lacerations, and internal injuries. The condition must have been caused by direct physical force applied by the defendant.
PC §273.5 — Corporal Injury
Requires a traumatic condition — visible or documented injury. Wobbler with up to 4 years in state prison. 52-week BIP mandatory. Deportable under federal law.
PC §243(e)(1) — Domestic Battery
The same relationship types but no injury required — any offensive touching is enough. Misdemeanor only, up to 1 year jail. 52-week BIP still required as probation condition.
Why This Law Matters
A §273.5 conviction triggers federal firearm prohibitions for life under the Lautenberg Amendment (18 USC §922(g)(9)), mandatory 52-week batterers' intervention (often over $2,000 out-of-pocket), a criminal protective order that can bar contact with your family for up to 10 years, and — for non-citizens — mandatory deportation under 8 USC §1227(a)(2)(E). Rubin Law, P.C. defends §273.5 cases aggressively, focusing on reduction to §243(e)(1), dismissal through cross-declaration issues, and pretrial diversion where eligible.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §273.5
To convict a defendant of corporal injury under PC §273.5, the prosecution must prove each of the following beyond a reasonable doubt.
You Willfully Inflicted a Physical Injury on the Victim
'Willful' means the act was on purpose — the defendant intended to make contact. Intent to injure is not required, only intent to commit the physical act. Accidents, reflexive movements, or self-inflicted injury on the victim's part do not satisfy this element.
The Injury Resulted in a Traumatic Condition
A traumatic condition means any wound or bodily injury caused by physical force. Bruises, redness, scratches, or swelling all qualify. The People must connect the injury to the defendant's willful act — photographs and medical records are essential.
The Victim Was a Spouse, Cohabitant, or Domestic Partner
The relationship must be a listed category: spouse, former spouse, cohabitant, former cohabitant, fiancé, dating partner, or co-parent. Roommate relationships without a romantic component do not qualify — those cases must be filed as ordinary battery.
04 — Penalties
Penalties for PC §273.5 Corporal Injury to Spouse in California
PC §273.5 penalties escalate sharply for defendants with prior domestic violence convictions.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| First §273.5 (Felony) | PC §273.5(a) | 2, 3, or 4 years | Discretionary | No (unless GBI) |
| First §273.5 (Misdemeanor) | PC §273.5(a) / §17(b) | Up to 1 year county jail | Yes | No |
| Prior §273.5 Within 7 Years | PC §273.5(f)(1) | 2, 4, or 5 years + $10,000 fine | Discretionary | No (unless GBI) |
| Prior §243(e)(1)/§243.4 Within 7 Years | PC §273.5(f)(2) | Up to 1 year jail; if 2nd within 7 yrs of prior §273.5 = up to 4 years | Yes | No |
| §273.5 With GBI Enhancement | PC §12022.7(e) | Base + 3–5 years consecutive | No | Yes |
Enhancements & Aggravators
Great Bodily Injury (Domestic Violence)
PC §12022.7(e)
+3 to 5 years consecutive when GBI is inflicted in a DV context. Converts the case into a strike under PC §1192.7(c)(8).
Prior §273.5 Within 7 Years
PC §273.5(f)
Increases the felony triad to 2, 4, or 5 years and raises maximum fine to $10,000.
Firearm Use
PC §12022.5
+3 to 10 years consecutive for personal use of a firearm during the offense.
Child Present During Offense
PC §273.5(h) / §1203.097
Aggravating factor at sentencing; courts often impose stricter probation and no-contact conditions.
Strangulation
PC §273.5 + §12022.7(a)
Strangulation is commonly charged as PC §273.5 plus a GBI enhancement, converting the case into a strike.
Repeat DV Conviction
PC §667.5 / §667(a)
Prior DV convictions can trigger significant additional prison time.
Beyond the Sentence
- Mandatory 52-week Batterers' Intervention Program (over $2,000 in program fees)
- Criminal Protective Order — up to 10 years, may include stay-away and no-contact with the victim and children
- Federal lifetime firearm prohibition (Lautenberg Amendment, 18 USC §922(g)(9))
- California 10-year firearm prohibition (PC §29805)
- Mandatory minimum $500 fee to DV victim funds
- Immigration — deportable crime of domestic violence for non-citizens (8 USC §1227(a)(2)(E))
- Child custody consequences under Family Code §3044 (rebuttable presumption against custody)
- Loss of many professional licenses (nursing, teaching, security, healthcare)
- Employment background check consequences
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §273.5 Corporal Injury to Spouse Charges
Rubin Law, P.C. defends PC §273.5 with a focus on injury causation, cross-declarations, and constitutional challenges — securing reductions, dismissals, and case-avoidance results whenever possible.
Self-Defense / Defense of Others
You are entitled to use reasonable force to defend yourself or a child from imminent unlawful force. Bruises and injuries on the alleged victim may reflect defensive rather than offensive force by the defendant. Photographs of the defendant's own injuries are critical.
CALCRIM 3470
Injury Not Caused by Defendant
The People must connect the traumatic condition to the defendant's willful act. Preexisting injuries, self-inflicted injuries, injuries from a fall or unrelated incident, or injuries caused by a third party all defeat the causation element.
CALCRIM 840
Accidental Contact
The act must be willful — purposeful. Stumbling into someone during an argument, reflexive gestures, or inadvertent contact during separation of parties do not support §273.5. Timing, sequence, and witness accounts are essential.
CALCRIM 840
False Accusation / Motive to Lie
Custody disputes, immigration status leverage (U-visa applications), infidelity retaliation, and divorce planning motivate many false DV allegations. We investigate text messages, prior counseling records, social media, and pending civil litigation to expose motive.
Evid. §780 — witness credibility
Recanting Victim / Marsy's Law
Alleged victims frequently recant after arrest, once the initial anger passes. While DAs commonly proceed anyway (using 911 audio and body camera as evidence), a credible, documented recantation combined with cross-declaration issues can result in dismissal or reduction.
Marsy's Law / CALCRIM 316
Reduction to PC §243(e)(1)
When the injury element is contested or weak, we negotiate reduction to misdemeanor domestic battery. §243(e)(1) does not require injury and often includes the same 52-week BIP as a probation condition — but avoids the felony record and federal firearm ban that come with §273.5.
Suppression of Evidence / Miranda
Statements taken without Miranda warnings, warrantless home searches beyond the scope of exigent circumstances, and unlawful seizures of phones or diaries can be suppressed under PC §1538.5 — often materially weakening the People's case.
PC §1538.5 / Miranda
Constitutional Sources
07 — Court Process
How PC §273.5 Corporal Injury to Spouse Cases Move Through Los Angeles Courts
Domestic violence cases in LA County move quickly. An emergency protective order (EPO) is typically issued at the scene, followed by a criminal protective order at arraignment.
- 1
Step 1 — Arrest & EPO
Police issue an EPO effective 5–7 days barring contact with the alleged victim. Bail on felony §273.5 typically starts at $50,000.
- 2
Step 2 — Arraignment & CPO
Charges are read, plea entered, and a criminal protective order issued (often 'no negative contact' or full stay-away). We litigate CPO terms and pursue bail reduction under PC §1275.
- 3
Step 3 — Discovery & Investigation
We obtain body-camera, 911 audio, medical records, and DVIRS (domestic violence incident report supplemental). We investigate the alleged victim's motives, prior custody disputes, and immigration filings.
- 4
Step 4 — Cross-Declaration Motion / DA Reject Package
When the evidence supports a mutual-combat or false-allegation theory, we present a comprehensive DA reject package before filing — sometimes preventing charges entirely.
- 5
Step 5 — Pre-Trial Motions
PC §1538.5 (suppression), Pitchess motions, EC §1109 challenges to prior-act evidence, and PC §17(b) reduction motions.
- 6
Step 6 — Trial, Plea, or Diversion
Most §273.5 cases resolve through negotiated pleas — often reduced to §243(e)(1). Some qualify for military diversion (PC §1001.80) or mental health diversion (PC §1001.36) resulting in dismissal.
Los Angeles Courts That Handle PC §273.5 Corporal Injury to Spouse Cases
Domestic violence cases are heard at the arraignment courts closest to the alleged incident location.
Van Nuys Courthouse East
San Fernando Valley DV cases — largest DV calendar in LA County.
Long Beach Courthouse
Long Beach, Signal Hill, and South Bay DV cases.
Airport Courthouse
West LA and coastal community DV cases.
Pomona Courthouse
Eastern LA County DV caseload.
Clara Shortridge Foltz Criminal Justice Center
Central LA felony DV cases, including strike DV filings.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Corporal Injury to Spouse Defense Attorney
Daniel S. Rubin has defended clients charged with corporal injury to spouse and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §273.5 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Corporal Injury to Spouse Cases Throughout LA County
09 — FAQs
PC §273.5 Corporal Injury to Spouse Questions — Los Angeles
What is the difference between PC §273.5 and PC §243(e)(1)?
PC §273.5 requires proof of a 'traumatic condition' — any wound or injury caused by physical force. PC §243(e)(1) requires only an offensive touching, with no injury required. §273.5 is a wobbler with up to 4 years in state prison; §243(e)(1) is a misdemeanor with up to 1 year in jail. Both apply to the same relationships and both require a 52-week batterers' intervention program.
Can PC §273.5 charges be dropped if the alleged victim recants?
Not automatically. In California, the District Attorney — not the alleged victim — decides whether to file and prosecute. Even when the alleged victim recants, DAs often proceed using 911 audio, body-camera footage, and prior statements as evidence under Evidence Code §1370 (spontaneous statements) and Crawford exceptions. However, a credible, documented recantation combined with weaknesses in the People's case frequently produces dismissal or reduction.
Will I lose my gun rights for a §273.5 conviction?
Yes — permanently under federal law. The Lautenberg Amendment (18 USC §922(g)(9)) permanently prohibits anyone convicted of a misdemeanor or felony crime of domestic violence from possessing firearms or ammunition. California PC §29805 also imposes a 10-year state ban. Non-citizens face additional immigration consequences under 8 USC §1227(a)(2)(E).
What is a 52-week Batterers' Intervention Program?
The 52-week BIP under PC §1203.097 is a mandatory condition of probation for any conviction of §273.5 or §243(e)(1). It requires weekly two-hour group sessions for one year, tests, homework, and typically costs $2,000–$4,000 out-of-pocket. Failure to complete results in probation revocation.
How does a §273.5 charge affect child custody?
Under Family Code §3044, a domestic violence conviction within the previous 5 years creates a rebuttable presumption that awarding custody to the perpetrator is detrimental to the child. This presumption can be overcome only with specific evidence including completion of a BIP, no further offenses, and compliance with the CPO. Family court and criminal court run in parallel; findings in either can affect the other.
What is an Emergency Protective Order (EPO)?
An EPO is a court order issued by a judge at the request of a peace officer at the scene of a DV call. It is effective for 5 court days or 7 calendar days, whichever is shorter, and typically requires the defendant to move out of a shared residence, avoid contact with the alleged victim, and stay a specified distance away. A Criminal Protective Order at arraignment then replaces the EPO.
Can a §273.5 conviction be expunged?
Yes. Both felony and misdemeanor §273.5 convictions can be expunged under PC §1203.4 after successful completion of probation, including the 52-week BIP. Expungement helps with private employment but does NOT restore firearm rights (Lautenberg is permanent) and does not remove the immigration consequence.
What are the immigration consequences of a §273.5 conviction?
PC §273.5 is a deportable crime of domestic violence under 8 USC §1227(a)(2)(E)(i). It is also a crime involving moral turpitude and often an aggravated felony under 8 USC §1101(a)(43)(F) when the sentence imposed is one year or more. Non-citizens facing §273.5 must obtain either dismissal, diversion, or a plea to a non-DV offense (such as PC §415 disturbing the peace) to avoid removal.
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Charged With Domestic Violence in Los Angeles?
Do NOT contact the alleged victim. Call Rubin Law, P.C. immediately — we defend PC §273.5 cases with a focus on reduction, dismissal, and pre-filing DA reject packages.