Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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You were recently charged under California Penal Code 273.5 for committing corporal injury on your spouse (which is essentially domestic violence). The district attorney is now saying that the charge could result in a “strike” on your criminal record. Is this correct?
It can be, depending on the facts of the case. A domestic violence offense could lead to a strike under California’s three strikes law if the crime:
Note that Penal Code 273.5 PC makes it a crime in California for you to commit domestic violence. You commit “domestic violence” if you inflict corporal injury on a:
“Corporal injury” refers to any physical injury. The injury can be either minor or serious.
A domestic violence conviction will likely result in a strike on your criminal history if the crime gets classified as a violent or serious felony.
Per California’s three strikes law, a “strike” is a conviction for either
Both of these laws set forth specific offenses that may count as violent or serious felonies. One in particular is a felony in which the defendant personally inflicts great bodily injury on any person.2
So, a domestic violence offense under PC 273.5 will result in a strike if the following are true:
Under California criminal law, the term “great bodily injury” means any significant or substantial physical injury.3
Great bodily injuries are limited to injuries from physical harm. Therefore, they do not include:
Further, while a great bodily injury can include major traumas, the serious injury does not necessarily have to be:
Some of the factors that a judge or jury will consider to determine whether or not a physical injury is a great bodily injury include:
California’s three strikes law sets forth a sentencing enhancement that imposes a state prison sentence of 25 years to life if you are convicted of three or more violent or serious felonies.7
The law also doubles your prison sentence for any California felony if you have two strikes on your criminal record.8
As stated above, violent and serious felonies that count as “strikes” under the three strikes law are specifically set forth in Penal Code Sections 667.5 and 1192.7c.
Examples of these felonies include:
No. Domestic violence is a wobbler offense under California law. A wobbler is a crime that a prosecutor can charge as either a misdemeanor or a felony, depending on:
A misdemeanor conviction of domestic violence can result in:
Most felony domestic violence charges are punishable by:
Note that felony charges can also result in:
Note as well that some domestic violence offenses are considered crimes of moral turpitude. If you are not a U.S. citizen, this type of offense could lead to deportation.
Yes. You should speak with a defense lawyer or law firm if you are either:
A criminal defense attorney can help by:
As to the latter, note that a few common defenses in domestic violence cases include showing that you:
The defense attorneys at our firm are well experienced in working with California’s criminal laws. Contact us to get the help you deserve.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.