What’s the difference between 273.5 and 243(e)(1)?

Posted on December 15, 2021

The difference between Penal Code 273.5 PC and Penal Code 243(e)(1) PC rests on whether the domestic violence victim suffered a physical injury. Section 273.5 covers domestic violence that causes corporal injury. Section 243(e)(1) applies to domestic violence that does not cause an injury. Because 273.5 PC involves more serious conduct, the penalties of a conviction are higher.

What is domestic battery under California Penal Code 243(e)(1)?

In California, Penal Code 243(e)(1) defines the crime of committing a simple battery on an intimate partner. Prosecutors have to prove the following elements of the crime:

1. the defendant willfully touched someone in a way that was harmful or offensive,
2. the alleged victim was an intimate or domestic partner of the defendant, and
3. the defendant was not acting in self-defense or in the defense of someone else.¹

Note that this form of domestic battery does not need to lead to an injury. Prosecutors do not need to show that the victim was hurt or suffered a physical injury.² Any harmful contact or offensive touching suffices for the crime.³ The contact can even be indirect, like pushing another object into the victim.⁴

A person acts willfully if he or she does something:

• willingly, or
• on purpose.⁵

Conduct is still willful if the person doing it did not intend to hurt someone else or to break the law.⁶

What is domestic violence causing corporal injury under Section 273.5?

California Penal Code section 273.5 defines the crime of domestic violence causing the infliction of a corporal injury. Prosecutors have to prove the following elements of the offense:

• the defendant willfully inflicted a physical injury,
• the alleged victim was an intimate or domestic partner of the defendant,
• the injury inflicted by the defendant resulted in a traumatic condition, and
• the defendant was not acting in self-defense or in the defense of others.⁷

The physical injury and the traumatic condition that it causes are essential factors in the offense.

Traumatic conditions are wounds or other bodily injuries that are caused by the direct application of physical force. They can be minor or severe.⁸

A traumatic condition is the result of the physical injury if:

• the condition was the natural and probable consequence of the injury,
• the injury was a direct and a substantial factor in the cause of the traumatic condition, and
• the traumatic condition would not have happened without the physical injury.⁹

Prosecutors have to prove that the defendant caused the victim’s traumatic condition beyond a reasonable doubt.¹⁰

What is a corporal injury?

California Penal Code 273.5 PC uses the phrase “corporal injury.” It means any physical injury that was inflicted by force and that causes a traumatic condition.¹¹ Examples include:

• broken bones,
• sprained ligaments,
• strained muscles,
• bullet wounds,
• bruises,
• cuts or lacerations,
• concussions, and
• internal bleeding.

Examples of injuries that are not corporal injuries are:

• emotional distress,
• anxiety,
• post-traumatic stress,
• property damage,
• financial losses, and
• physical contact that did not cause a traumatic condition or a physical mark.

The phrase “corporal injury” is an antiquated term. It was once used frequently in common law. Now, very few states have criminal statutes that use the term “corporal injury.” Instead, they generally use more precise phrases like:

• physical injuries,
• serious physical injuries, or
• physical injuries caused by a deadly weapon.¹²

What are the penalties of a conviction?

Penal Code 273.5 PC covers violence that produces injuries, while Penal Code 243(e)(1) PC covers violence that did not lead to an injury. Therefore, the penalties for section 273.5 are substantially higher.

Both violations of domestic violence law, however, frequently lead to consequences like:

• mandatory completion of a batterer’s treatment program,
• a protective order or a restraining order,
• the obstacles that come with having a criminal record, and
• social stigmatization as someone with a history of spousal abuse or domestic abuse.

A criminal defense lawyer can help defendants raise legal defenses, like self-defense or false accusations, to these serious offenses. Establishing an attorney-client relationship and getting the legal advice of a criminal defense attorney from a reputable law firm is essential for beating domestic battery charges, as well as for other related offenses.

Penalties for Penal Code 273.5 PC

Domestic violence causing corporal injury under 273.5 PC is a wobbler in California. This means that it can be charged as either a misdemeanor or as a felony. The district attorney has discretion over which charges to file. Prosecutors tend to make the decision based on:

• the defendant’s criminal history, and
• the specific facts of the case.

If the injuries inflicted were severe, or if the defendant has a history of abuse, felony charges are more likely to follow.

If pursued as a misdemeanor, the penalties of a conviction are:

• up to 1 year in county jail,
• up to $6,000 in fines, and/or
• misdemeanor (summary) probation.

If filed as a felony, convictions under these domestic violence charges carry:

• 2, 3, or 4 years in state prison,
• up to $6,000 in fines, and/or
• felony (formal) probation.

Prior convictions can raise these potential penalties.

The potential maximum fine increases to up to $10,000 if the defendant has been convicted of spousal battery under Penal Code 243(e) in the last 7 years.¹³

The maximum fine increases to $10,000 and the prison range increases to 2, 4, or 5 years if the defendant has been convicted for any of the following criminal offenses in the last 7 years:

• domestic violence causing corporal injury (Penal Code 273.5 PC),
• assault causing a serious bodily injury (Penal Code 243(d) PC),
• assault with a caustic chemical (Penal Code 244 PC),
• assault with a stun gun (Penal Code 244.5 PC),
• assault with a deadly weapon (Penal Code 245 PC), or
• sexual battery (Penal Code 243.4 PC).

If the corporal injury inflicted was a “great bodily injury,” there will be a sentencing enhancement. Under this enhancement, if there was a significant or substantial physical injury, it adds an additional, consecutive sentence of 3, 4, or 5 years.¹⁴ It is also a “serious felony” that counts as a “strike” under California’s Three Strikes law. This doubles the prison term of any subsequent felony.¹⁵

These sentencing enhancements are no longer being pursued in Los Angeles County, though.¹⁶

There also may be immigration consequences for non-citizen defendants. Domestic violence causing corporal injury is a deportable offense.¹⁷

Finally, a conviction under this California criminal law will lead to a lifetime ban against owning or possessing a firearm.¹⁸

Penalties for Penal Code 243(e)(1) PC

Domestic battery under Penal Code 243(e)(1) PC, on the other hand, is a misdemeanor under California law. Convictions for these criminal charges carry:

• up to 1 year in county jail,
• up to $2,000 in fines, and/or
• misdemeanor (summary) probation.

A conviction in these domestic violence cases will also ban the defendant from owning or possessing a firearm for 10 years.¹⁹

Who can be a victim of domestic violence?

In order for certain violent crimes to be crimes of domestic violence, the victim has to be an intimate partner of the defendant.

An intimate partner includes:

• the defendant’s spouse or former spouse,
• anyone who lives together, or cohabitates, with the defendant, including former cohabitants,
• the defendant’s fiancé or former fiancé,
• the other parent of the defendant’s child, and
• anyone who is or was in a dating, sexual, or intimate relationship with the defendant.²⁰

Cohabitants are 2 unrelated people who live together for long enough to create some permanency in the relationship.²¹

A dating relationship is one that involves frequent and intimate associations and:

• an expectation of affection, or
• non-transactional sexual involvement.²²

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