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PENAL CODE 273.5 PC

Corporal Injury on a Spouse, Cohabitant, or Fellow Parent Resulting in a Traumatic Condition

California Penal Code Section 273.5 PC is the primary state law that defines domestic violence. Quite simply, Penal Code 273.5 is defined as the infliction of some corporal injury on a person with whom the defendant currently has, or previously had, a domestic relationship. The offense is sometimes referred to as domestic abuse, spousal abuse or spousal battery.

The Infliction of Corporal Injury

Inflicting corporal injury under Penal Code 273.5 means a willful use of violent force. Examples would include hitting, punching, kicking, slapping or pushing. By willful, the statute means that the force must be done deliberately, as opposed to accidentally. An accidental shove, in the course of trying to get away from someone, for example, would not be a “willful” infliction of force.

A Traumatic Condition

Penal Code 273.5 PC requires that the defendant produce a traumatic condition for the victim. This means “a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.” The key is that there must be some visible injury on the person’s body. The injury could range from a minor scratch, redness, swelling or bruising to a very serious injury such as a broken nose or a concussion.

The typical Penal Code 273.5 PC case starts with a heated argument that becomes physical. The alleged victim (or a neighbor) calls 911 and summons the police. Officers arrive and take a statement from the victim alleging that some sort of violence was used against him/her.

The officers examine the victim to see if a visible injury (or “traumatic condition”) can be observed. If so, it is protocol to photograph the injury on the scene. The photos, along with the officers’ report, are sent to the prosecutor’s office to be used as evidence in court.

Only a very slight injury is necessary to make a Penal Code 273.5 PC case. If no injuries can be observed, the prosecutor can still file charges under Penal Code 243(e)(1). This a similar California domestic violence statute, but one that does not require a visible injury. On the other hand, if a very serious injury is sustained, the prosecutor can file a 273.5 PC charge along with a “great bodily injury” enhancement. This makes the case more serious, and the potential jail or prison time much longer.

Defenses to a Penal Code 273.5 Charge

Self Defense

Allegations of domestic violence or spousal abuse can be very difficult for the district attorney to prove. Many times, the Penal Code 273.5 PC charge arose out of a mutual struggle in which the defendant acted in legal self-defense. For example, an angry wife may begin punching at her husband, and he has to shove her away to avoid getting punched in the face.

Accident

In the course of a heated argument and struggle, it is not uncommon to strike someone or push someone down on accident. This happens all the time. In the chaos of some mutual pushing and grabbing, for example, the boyfriend may strike his girlfriend, but without intending to hit her and certainly without intending to injure her.

False Accusations

Unfortunately, false accusations and wrongful arrests occur regularly in the Penal Code 273.5 context. The classic situation is an angry or jealous wife or girlfriend. She thinks he’s cheating on her. She wants to get back at him. So she creates a loud argument and then calls the police. When the officers show up, she lies and exaggerates and accuses him of having become violent with her. The boyfriend gets arrested and charged with Penal Code 273.5 domestic violence.

Southern California Domestic Violence Attorneys

If you find yourself in any of these situations, you need to help of a criminal defense lawyer with experience fighting Penal Code 273.5 charges. The consequences of a California domestic violence or spousal abuse conviction can be serious: probation, fines, a year of domestic violence counseling, jail time, and the stigma of having the charge on your permanent criminal record. Your best hope of avoiding these is with a competent 273.5 PC attorney.