Penal Code § 273.5 PC – Corporal Injury to Spouse or Cohabitant

Penal Code § 273.5 PC makes it a crime to inflict corporal injury on a current or former spouse, cohabitant, dating partner, or fellow parent. The offense is often referred to as domestic violence, domestic abuse or corporal injury to a spouse.

This offense is a wobbler, meaning prosecutors can file the charge as

• a misdemeanor or
• a felony.

Corporal injury refers to any physical injury, whether serious or minor.

The offense is commonly referred to as

• domestic violence,
• domestic abuse,
• spousal abuse or
• corporal injury to a spouse.

The language of the code section states that:

273.5. (a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment.

This is one of the primary California domestic violence laws. Other than the fact that it requires an actual injury, this section is similar to Penal Code 243e1 PC, domestic battery.

Who is considered an “intimate partner”?

Under this section, an “intimate partner” is defined as:

• Your spouse or former spouse,
• Your current or former registered domestic partner,
• Your cohabitant or former cohabitant (live-in partner),
• Your current or former fiancé(e)
• A person with whom you have, or used to have, a serious dating relationship, or
• The father or mother of your child. ^{1 2 3}

Examples of corporal injury

• A man squeezes his ex-wife’s arm hard enough to leave bruises.
• A woman pushes her boyfriend into a glass cabinet, leaving him with cuts all over his body.
• A man punches and kicks his live-in boyfriend, leaving the boyfriend with a broken rib.

Other names for domestic violence

This section is often referred to by a variety of names. Some of the most common include:

• Corporal injury on a spouse,
• Corporal injury on an intimate partner,
• Corporal injury on a spouse or cohabitant,
• Domestic violence,
• Domestic abuse,
• Willful infliction of corporal injury,
• Intentional infliction of corporal injury, and/or
• Spousal abuse.

Penalties for corporal injury to a spouse in California

This section is a “wobbler” offense. This means the prosecutor has the discretion to charge it as either a misdemeanor or a felony, depending on

• The facts of the case, and
• Your criminal history (if any).

Potential penalties are as indicated in the following chart:

Type of Penal Code 273.5 PC conviction	Possible penalty
Misdemeanor conviction	Up to 1 year in county jail, and/or A fine of up to $6,000.4
Felony conviction	2, 3 or 4 years in state prison, and/or A fine of up to six thousand dollars ($6,000).5
A conviction within 7 years of a conviction for: Corporal injury on a spouse, PC 273.5, Assault/battery resulting in serious bodily injury, PC 243(d) Assault/battery w/caustic chemical PC 244, Assault w/ a stun gun, PC 244.5, Assault w/ a deadly weapon, PC 245, or Sexual battery, PC 243.4.	Up to 1 year in county jail, or 2, 4, or 5 years in state prison; and/or A fine of up to $10,000.6
A conviction within 7 years of a conviction for Battery on a spouse, PC 243(e)	Up to 1 year in county jail, or 2, 3, or 4 years in state prison; and/or A fine of up to $10,000.7

Additional consequences of a conviction

If prosecuted as a felony, a domestic violence conviction carries additional consequences such as:

• Being subject to a domestic violence restraining order,
• Loss of the right to own a firearm, and
• The potential loss of a professional license (such as the right to practice law).⁸

Note that under AB 3129, effective January 1, 2019, the loss of gun rights will be a lifetime prohibition regardless of whether the conviction is for a felony or a misdemeanor conviction. (Prior to January 1, 2019, a misdemeanor conviction triggered a 10-year ban.)

For more information, please see our article on the Consequences of a Felony Conviction in California.

Moreover, as a crime of domestic violence, a conviction can lead to serious immigration consequences for non-U.S. citizens – including possible deportation.⁹

Legal defenses

Legal defenses to criminal charges of inflicting corporal injury often include taking the position that:

• You acted in self-defense or defense of another person,
• Injury to the accuser was accidental, or
• You were falsely accused (all too common in domestic abuse cases).

To help you better understand the law, our California criminal defense lawyers discuss, below:

• 1. What does it mean to cause “Corporal Injury to a Spouse”?
• 2. What are the penalties for Penal Code 273.5 PC?
  • 2.1. Misdemeanor penalties
  • 2.2. Felony penalties
  • 2.3. Felony penalties with prior convictions
  • 2.4. Corporal injury with “great bodily injury” — PC 12022.7 sentence enhancement
  • 2.5. Probation
  • 2.6. Immigration consequences
  • 2.7. Great bodily injury is a “strike” offense
  • 2.8. No penalty enhancements in Los Angeles County
• 3. How do I defend against these charges?
  • 3.1. Self-defense/defense of others
  • 3.2. Lack of willfulness
  • 3.3. False accusation
• 4. What happens if the accuser refused to testify?
• 5. Are other crimes charged in connection with 273.5 PC?

1. What does it mean to cause “Corporal Injury to a Spouse”?

273.5 PC is California’s law on “corporal injury to a spouse or intimate partner.” You violate this section when you

1. willfully inflict a physical injury,
2. on a current or former intimate partner, and
3. the physical injury results in a “traumatic condition.” ¹⁰

Let’s take a closer look at these terms and related concepts to get a better sense of when this section applies.

The meaning of “willfully”

You act “willfully” when you do something intentionally. You do not need to have intended to break the law.¹¹

Example: During an argument over child custody, Rob grabs Maureen’s arm and twists it. His intent is simply to intimidate her, but he dislocates her elbow.

Rob did not intend to cause Maureen such a serious injury. But he did act willingly when he twisted her arm. Therefore, he may be guilty under this section.

“Traumatic condition”

A traumatic condition is defined as any wound or other bodily injury caused by the direct application of physical force. It does not need to be serious — a minor wound or injury will suffice.¹²

Some examples of injuries that are “traumatic conditions” for purposes of California’s intentional infliction of corporal injury law are:

• A broken bone,
• A concussion,
• Internal bleeding,
• A sprain,
• A bruise, or
• Injuries arising from suffocation or strangulation.

The traumatic condition must be the result of direct physical force

To prove a case under Penal Code 273.5 PC, the prosecutor must show that your actions caused the victim to suffer a traumatic condition.¹³

A traumatic condition is considered to be the result of an injury if:

1. The traumatic condition was a natural and probable result of the injury;
2. The injury was a direct and substantial cause of the traumatic condition; AND
3. The condition would not have happened without the injury.¹⁴

Example: Kim hears that her boyfriend Saul has been seeing another woman. She confronts him outside of his apartment. Their conversation turns into an argument, and Kim pushes Saul several times. Saul turns to walk away from Kim but he trips and falls.

He ends up with cuts on his leg from the fall. Kim is not guilty of corporal injury—because Saul’s “traumatic condition” (his cuts) is the result of his walking away and not of her pushing him.¹⁵

The legal definition of “intimate partner”

Penal Code 273.5 requires an injury to an intimate partner. For purposes of this section, “intimate partner” includes a current or former:

• Spouse,
• Registered domestic partner,
• Live-in boyfriend or girlfriend (a “cohabitant”),
• Fiancé(e),
• Parent of your child, or
• A person with whom you have a serious “dating relationship.”¹⁶

Factors that may determine whether you are cohabiting (living together) include, but are not limited to:

• Sexual relations between you while sharing the same residence,
• Sharing of income or expenses,
• Joint use or ownership of property,
• Holding yourselves out as being in a serious relationship,
• The continuity of the relationship, and
• The length of the relationship.¹⁷

Note that for purposes of California domestic violence law, it is possible for you to cohabit (live with) more than one person at the same time.¹⁸

Example: Nelson and Paul lease an apartment together. Nelson then gets romantically involved with Alfred and moves in with him. But he and Paul still continue their romantic relationship. Nelson spends several nights a week at the apartment he and Paul leased.

He has his own key and uses that address for his official mail. Even though Nelson primarily lives with Paul, Nelson is considered to be “cohabiting” with Alfred as well.¹⁹

For additional discussion, please see our article on the difference between corporal injury and domestic violence.

2. What are the penalties for Penal Code 273.5 PC?

Corporal injury to a spouse is a California “wobbler” offense. This means it can be charged as either a misdemeanor or a felony, in the prosecutor’s discretion.²⁰ The prosecutor’s choice will depend on:

1. The facts of the case, and
2. Your criminal history.

A felony is more likely to be charged if:

• The injuries to the intimate partner are very serious, and/or
• You have a history of domestic violence complaints or other aggressive acts.

2.1. Misdemeanor penalties

Misdemeanor penalties for willful infliction of corporal injury can include:

• Up to one (1) year in county jail, and/or
• A fine of up to $6,000.²¹

Alternatively, the judge might sentence you to misdemeanor (summary) probation instead of jail time (discussed in Section 2.5., below).

2.2. Felony penalties

Basic felony penalties for corporal injury on an intimate partner are:

• Two (2), three (3) or four (4) years in state prison, and/or
• A fine of up to $6,000.²²

In certain cases, the judge may instead sentence you to California felony (formal) probation.

2.3. Felony penalties with prior convictions

This section is a “wobbler” offense, even if you have a prior conviction for domestic violence or assault.

But the penalties for a felony violation of this section can be increased if you have been convicted within the prior seven (7) years of:

• Corporal injury on a spouse, PC 273.5,
• Assault/battery resulting in serious bodily injury, PC 243(d),
• Assault/battery with a caustic chemical PC 244,
• Assault with a stun gun, PC 244.5,
• Assault with a deadly weapon, PC 245,
• Sexual battery, PC 243.4, or
• Battery on a spouse, PC 243(e).

A prior conviction for battery on a spouse

If the prior conviction is for Penal Code 243(e) battery of a spouse, felony penalties for corporal injury of a spouse increase to:

• 2, 3, or 4 years in state prison; and/or
• A fine of up to $10,000.²³

A prior conviction for other assault & battery or corporal injury

If the prior conviction is one of the offenses listed above (other than battery on a spouse), felony penalties can increase to:

• 2, 4, or 5 years in state prison; and/or
• A fine of up to $10,000.²⁴

2.4. Corporal injury with “great bodily injury” (Penal Code 12022.7 sentence enhancement)

If you seriously injure an intimate partner, you may face a “great bodily injury” sentencing enhancement under California Penal Code 12022.7.

For purposes of PC 12022.7, “great bodily injury” is defined as any “significant or substantial physical injury.”²⁵

A PC 12022.7 enhancement adds an additional and consecutive sentence of:

• three years,
• four years, or
• five years

in state prison.²⁶

2.5. Probation

California judges sometimes have the discretion to suspend the imposition of a domestic violence sentence and give you probation instead.²⁷ Probation in California can be either of two types, depending on whether the charge was a misdemeanor or a felony:

• California “summary” (misdemeanor) probation, or
• California “formal” (felony) probation.

Misdemeanor (summary) probation typically lasts for between one and three years.

Felony (formal) probation lasts longer (usually three to five years) and may include serving up to a year in county jail. It will typically be granted only when

• you are a first-time offender or
• there are significant “mitigating factors.”

For more information on such factors, please see our article on “California Felony Sentencing.”

Probation conditions

As a condition of remaining out of jail while on probation — both misdemeanor and felony — you will be required to comply with certain conditions. These can include:

• Paying a fine,
• Paying victim restitution to reimburse the victim for counseling and other reasonable expenses,
• Paying up to $5,000 to a battered woman’s shelter,
• Attending a 52-week domestic violence class,
• Completing community service or Caltrans roadside work,
• Not violating any laws,
• Complying with a restraining order or protective order that prohibits contact with the victim for up to ten (10) years, and/or
• A minimum jail stay of:
  • 15-days if you have a prior conviction in the past seven years for an offense involving assault or domestic violence, or
  • 60-days if you have two (2) or more of such priors.

What happens if I violate probation?

If you fail to comply with any conditions of probation, the judge will schedule a probation violation hearing. If the violation is proved, the judge can then:

• Continue probation as before,
• Impose newer (often harsher) conditions, or
• Revoke probation and send you to jail or prison to serve up to the maximum sentence.

2.6. Immigration consequences

Corporal injury on an intimate partner is a crime of domestic violence under federal immigration law.²⁸ As a result, Penal Code 273.5 is a “deportable crime.”²⁹

In some situations, this crime may also qualify as a

• “crime involving moral turpitude” (“CMIT”) and/or
• an “aggravated felony.”³⁰

Both of these categories of offenses are “inadmissible crimes.” Consequences of an inadmissible crime in California can include (without limitation):

• No right to re-enter the country after leaving,
• No possibility of becoming a US citizen, and
• No right to apply for a green card or an “adjustment of status” — that is, a change from illegal to legal immigration status.³¹

2.7. Great bodily injury making it a “strike” offense

If you commit this offense and it results in “great bodily injury” to the victim, it is both:

• A “serious felony” and,
• A “strike” under California’s “Three Strikes” law.

If you are convicted of a serious felony and later charged with any felony, it will be considered a “second striker.” As a second striker, you face a sentence that is twice as long as the penalty otherwise required by law.

If you have two prior strike offenses, any subsequent felony conviction can lead to a sentence of twenty-five years to life.³²

For more information, we invite you to read our articles on Penal Code 1192.7(c), California’s “Three Strikes” law and Is Penal Code 273.5 a strike?

2.8. No penalty enhancements in Los Angeles County

Starting December 8, 2020, prosecutors in Los Angeles County are no longer pursuing sentencing enhancements in PC  273.5 cases. Therefore if a husband gets charged with “corporal injury on a spouse” in Los Angeles for breaking his wife’s arm, prosecutors cannot bring the “great bodily injury” enhancement under PC 12022.7.

In short, causing a bruise is prosecuted the same as causing a serious injury.

Since L.A. County prosecutors are no longer pursuing “great bodily injury enhancements” any longer in PC 273.5 cases, you will not face the enhancement penalties of an extra

• three years,
• four years, or
• five years

in state prison.

This also means that if you get convicted of corporal injury on a spouse where the victim sustained serious harm, the conviction will not count as a strike offense; therefore, it will not carry added penalties or consequences.³³

3. How do I defend against these charges?

California criminal defense lawyers have a variety of strategies to get Penal Code 273.5 charges dismissed or reduced. While every case is unique, some common legal defenses that might be argued include:

1. You were acting in self-defense or defense of someone else;
2. You did not willfully injure the victim; and/or
3. You are being falsely accused.

Let’s take a closer look at each of these defenses. Note that if the case goes to trial, prosecutors have the burden to prove guilt beyond a reasonable doubt.

You may also wish to read our article on Common Legal Defenses to California Criminal Offenses.

3.1. Self-defense/defense of others

The legal defense of self-defense/defense of others applies when all of the following are true:

1. You reasonably believed that you or someone else was in imminent danger of bodily injury;
2. You reasonably believed that the immediate use of force was necessary to defend against that danger; and
3. You used no more force than was reasonably necessary to defend against that danger.³⁴

If you prove all of the above facts, you should be found not guilty of corporal injury on an intimate partner.

Example: Michelle catches her husband Jason in bed with her sister Leah. Furious, Michelle grabs a kitchen knife and comes at Leah with it. In order to restrain Michelle, Jason is forced to wrestle her to the ground. In doing so, he causes her to hit her head.

But Michelle still won’t drop the knife. In danger of being stabbed, Jason chokes Michelle just long enough to get her to drop it. He should be able to argue that he was acting both in self-defense and in defense of Leah.

3.2. Lack of willfulness

You are guilty under Penal Code 273.5 PC corporal injury to your spouse only if you willfully injured the victim.

This means that an accidental injury — even one that occurs during a heated argument — is not enough.

In this situation, you may be able to get the prosecutor to dismiss the case. Or your attorney might get it reduced to a less serious offense, such as Penal Code 243(e)(1) domestic battery.

3.3. False accusation

California law enforcement takes allegations of domestic violence seriously. As a result, people are often wrongly arrested based upon false allegations. The allegations may be initiated out of

• anger,
• jealousy, or a
• desire for revenge.

An experienced California domestic violence defense lawyer can help fight such baseless allegations by:

• Subpoenaing the accuser’s emails, text messages and social networking accounts,
• Interviewing the accuser and their family, friends, co-workers and online contacts, and
• Conducting a thorough background check on the accuser and any alleged witnesses.

As West Covina criminal defense attorney John Murray explains:

“An investigation will often reveal that a domestic violence accuser has a hidden agenda. When we present the evidence to the prosecutor, the charges often get dropped or reduced through a plea bargain.”

No matter what defenses come into play, criminal defense attorneys can usually achieve a favorable resolution without a trial.

In addition to being time-consuming and expensive, trials give judges the discretion to allow into evidence — and the public record — information that is potentially stigmatizing.³⁵ Though sometimes trials are in your best interest, especially if the prosecutors are being uncooperative.