Corporal injury to spouse or cohabitant charges are defined under California Penal Code Section 273.5 PC. This crime involves willfully inflicting a physical injury resulting in a traumatic condition on an intimate partner. Usually, the injuries are visible, but could also include internal injuries.
Common examples of physical injuries in a corporal injury case include scratches, bruising, swelling, a broken nose, or a concussion. A "traumatic condition" means a wound or other types of bodily injuries caused by a direct application of physical force. Notably, however, the injuries don't have to be serious.
In other words, a minor wound or injury might be sufficient to be charged and convicted of this domestic violence-related offense. The alleged victim can include a current or former spouse, girlfriend, boyfriend, partner, cohabitant, or parent of the defendant's children.
In Los Angeles Criminal Courts, corporal injury to a spouse is also commonly called domestic abuse, spousal abuse, and willful infliction of a corporal injury. This type of domestic violence crime typically requires that the victim suffer some substantial physical injury, which is different from the less serious charges of domestic battery under California Penal Code Section 243(e)(1).
PC 273.5, corporal injury to a spouse is a “wobbler” offense, meaning the district attorney can file the case as either a misdemeanor or felony crime based on the case details and the defendant's criminal history. A typical example of a corporal injury case includes a husband striking his wife during an argument, leaving visible bruises.
PC 273. 5 says, "(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."
Notably, the alleged victim cannot drop the charges. Even when the victim later decides not to pursue criminal charges, the prosecutor can still proceed to charge the defendant with corporal injury to a spouse formally. Typically, prosecutors assume the victim only wants to drop charges because they are being coerced or manipulated by the defendant.
If you have been accused of corporal injury to a spouse, do not make any statements to police detectives. They aim to build a solid case against you and obtain a conviction. Any incriminating statement you make can be used against you later in court. Sometimes, domestic violence can be filed as a felony based on different factors.
In 2020, California lawmakers passed a bill (SB 273) that extends the statute of limitations for domestic violence to five years.
What is Corporal Injury to Spouse?
As noted, Penal Code 273.5 PC defines corporal injury to a spouse as willfully (on purpose) inflicting a physical injury on a spouse or intimate partner. “Corporal injury” means any physical injury resulting in a traumatic or body condition. It could include a wound, internal injury, black eye, broken bones, or severe bruising, but the injury doesn't have to be serious.
The traumatic condition must be the result of direct physical force. To convict you of PC 273.5, the DA must prove that your actions caused the victim to suffer a traumatic condition, which is considered to be the result of an injury if:
- The traumatic condition was a natural and probable result of the injury.
- The injury was a direct and substantial cause of the condition, and
- The condition would not have happened without the injury.
Simply put, a traumatic condition is a wound or bodily injury caused by physical force. The injury does not have to be severe or life-threatening, but it must be a “natural and probable consequence” of the injury.
Many domestic violence cases are prosecuted without the victim's cooperation. This means that even in domestic violence cases where the victim refuses to testify, the prosecution can still obtain conviction without the victim's testimony.
What is an Intimate Partner?
Any PC 273.5 charge means you caused injury to an intimate partner, which includes a current or former:
- Spouse,
- Boyfriend,
- Girlfriend,
- Fiancé
- Parent of your child,
- Domestic partner,
- A person with whom you have a serious dating relationship.
A "cohabitant” is two unrelated people living together for some time in a relationship. Factors that are considered to determine if a victim was a cohabitant include:
- The length of the relationship.
- Sharing of income or expenses.
- Joint use and ownership of property.
- Sexual relations in the same home.
- Two people representing themselves as partners.
What Must Be Proven to Convict?
The crime of corporal injury on a spouse can only be committed against someone with whom you have an intimate relationship. For the Los Angeles County prosecutor to obtain a conviction under California Penal Code Section 273.5 PC, they must be able to prove, beyond any reasonable doubt, certain aspects of the crime, including:
- You willfully and unlawfully inflicted a physical injury on someone.
- The physical injury resulted in a traumatic condition.
- The individual you injured is your current or former intimate partner.
- Your actions were not in self-defense or defense of another individual
What Are the PC 273.5 Penalties?
The penalties for a conviction under Penal Code Section 273.5 can be serious. As noted above, this domestic violence offense can be filed as either a misdemeanor or felony charge (wobbler). If convicted of a misdemeanor corporal injury on a spouse offense, the penalties include:
- Up to one year in a county jail,
- A fine of up to $6,000.
- Misdemeanor summary probation
A felony is more likely to be charged if the injuries to the intimate partner are severe or you have a history of domestic violence complaints or other aggressive acts. If you are convicted of corporal injury on a spouse as a felony charge, the penalties include:
- Two, three, or four years in a California state prison.
- A fine of up to $6,000.
- Felony formal probation.
The penalties for a felony violation can be increased if you have been convicted within the prior seven years of any of the following crimes:
- Penal Code 273.5 PC - Corporal injury on a spouse.
- Penal Code 243(e)(1) - Domestic battery.
- Penal Code 243.4 PC - Sexual battery.
- Penal Code 245 PC - Assault with a deadly weapon.
- Penal Code 243(d) PC - Assault resulting in serious bodily injury.
- Penal Code 244.5 PC - Assault with a stun gun.
- Penal Code 244 PC - Assault with a caustic chemical.
If your corporal injury on a spouse was prosecuted as a felony case, and the victim sustained significant injuries, you could face a great bodily injury (significant injury) sentence enhancement under California Penal Code 12022.7 PC, leading to an additional three to five years in state prison.
Suppose the alleged victim suffers a great bodily injury from the incident. In that case, the prosecutor might allege an enhancement that would elevate the charge as a “strike” under California's Three Strike laws. Notably, there are currently no penalty enhancements in Los Angeles County in PC 273.5 cases.
The legal consequences of a misdemeanor or felony conviction of corporal injury on a spouse will most likely include a restraining order or protective order that will prohibit you from making any contact with the victim for up to 10 years.
The consequences of a domestic violence-related conviction for an undocumented immigrant can lead to deportation as it's considered a deportable crime under federal law. Corporal injury on a spouse is a crime of moral turpitude, meaning a conviction could impact your ability to obtain certain professional licenses.
Under Assembly Bill 3129, you will lose your gun rights permanently if convicted of a Penal Code 273.5 misdemeanor or felony case.
Probation
Judges often have the discretion to suspend the imposition of a domestic violence sentence and give you probation. In California, probation can be either “summary” misdemeanor probation, or
“formal” felony probation.
Misdemeanor summary probation typically lasts for between one and three years. Felony formal probation lasts about three to five years and might include serving up to a year in county jail. Probation is typically granted when you are a first-time offender or significant mitigating factors exist.
As a condition of remaining out of jail while on probation, called a "suspended sentence," you must comply with certain probation conditions, including:
- Attend a 52-week domestic violence class.
- Paying victim restitution to reimburse the victim for counseling and other expenses.
- Making up to a $5,000 payment to a battered woman's shelter.
- Paying a fine and court costs.
- Complete community service.
- Caltrans roadside work.
- Not commit any new crimes.
- Comply with a restraining order or protective order that prohibits contact with the victim for up to ten years.
- A minimum of 15 days in jail if you have a prior conviction in the past seven years for an offense involving assault.
- 60 days in jail if you have two or more prior assaults.
If you fail to comply with any probation conditions, the judge will schedule a probation violation hearing. If the violation is proven, the judge can continue probation as before, impose harsher conditions, or revoke probation and send you to jail to serve up to the maximum sentence.
What are the Related Offenses?
- Penal Code 243(e)(1) PC – domestic battery. This involves the harmful or offensive touching of an intimate partner. It's a misdemeanor and a less serious domestic violence offense than corporal injury.
- Penal Code 243(d) PC - aggravated battery. This crime involves touching or striking someone in a harmful or offensive manner and thereby causing the person to suffer a serious injury. It can be a misdemeanor or a felony (wobbler).
- Penal Code 273a PC - child endangerment. This wobbler crime involves putting a child at risk of harm.
- Penal Code 368 PC - elder abuse. This wobbler is willfully or negligently imposing unjustifiable physical pain or mental suffering on a person 65 or older.
- Penal Code 415 PC - disturbing the peace. This misdemeanor includes fighting someone in public, making unreasonable noise to disturb others, or directing fighting words to another.
- Penal Code 240 PC - assault. This wobbler crime is the unlawful attempt, along with the present ability, to cause a violent injury to another person.
- Penal Code 242 PC - battery. This wobbler is the unlawful infliction of force upon another person.
- Penal Code 236 PC - false imprisonment. This crime involves unlawfully depriving someone of their liberty. This means intentionally detaining another person without a legal right to do so, and they aren't allowed to leave when they want to.
- Penal Code 601 PC - aggravated trespassing. This crime involves threatening to injure someone and then entering their home or workplace without permission within 30 days of making the threat.
What Are the PC 273.5 Defenses?
Our Los Angeles domestic violence defense lawyer can use different strategies to get your charges reduced or dismissed. Every corporal injury to a spouse case is unique, but the common defenses include the following:
- Self-defense. We can argue that you reasonably believed you or another person was in imminent danger of suffering a bodily injury. Thus, you reasonably believed you had to use force to defend yourself immediately and used no more force than necessary. Documenting any cuts or bruises you received during the incident could be critical evidence. You have the legal right to defend yourself.
- False Accusation. It's not uncommon for people to be falsely accused of domestic violence. Sometimes, these false allegations are made out of jealousy, revenge, anger, or seen as an advantage in a child custody dispute. We might be able to prove the accusations are false by interviewing witnesses and collecting evidence.
- Accident. You can't be convicted of corporal injury to a spouse unless the DA can prove you willfully injured the victim. We might be able to present evidence proving the injury was accidental. It's not uncommon for unintentional injuries to occur during a heated argument, especially if intoxication is involved.
If you have been charged with corporal injury to a spouse in violation of Penal Code Section 273.5 PC, you need to call our defense lawyers. We have a track record of success in all types of domestic violence-related cases and will work to achieve the best outcome for your case. Cron, Israels & Stark is based in Los Angeles, CA.
What Does the Law Say?
The entire text of California Penal Code 273.5 PC says,
"(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.
(b) Subdivision (a) shall apply if the victim is or was one or more of the following:
(1) The offender's spouse or former spouse.
(2) The offender's cohabitant or former cohabitant.
(3) The offender's fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243.
(4) The mother or father of the offender's child.
(c) Holding oneself out to be the spouse of the person with whom one is cohabiting is not necessary to constitute cohabitation, as the term is used in this section.
(d) As used in this section, “traumatic condition” means a condition of the body, such as a wound or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck.
(e) For the purpose of this section, a person shall be considered the father or mother of another person's child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code.
(f)(1) Any person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a) or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000).
(2) Any person convicted of a violation of this section for acts occurring within seven years of a previous conviction under subdivision (e) of Section 243 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 ten thousand dollars ($10,000), or by both that imprisonment and fine.
(g) If probation is granted to any person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097.
(h) If probation is granted, or the execution or imposition of a sentence is suspended, for any defendant convicted under subdivision (a) who has been convicted of any prior offense specified in subdivision (f), the court shall impose one of the following conditions of probation:
(1) If the defendant has suffered one prior conviction within the previous seven years for a violation of any offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that the defendant be imprisoned in a county jail for not less than 15 days.
(2) If the defendant has suffered two or more prior convictions within the previous seven years for a violation of any offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that the defendant be imprisoned in a county jail for not less than 60 days.
(3) The court, upon showing good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause.
(i) If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, instead of a fine, one or both of the following requirements:
(1) That the defendant makes payments to a domestic violence shelter-based program, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.
(2)(A) The defendant must reimburse the victim for the reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense.
(B) For any order to pay a fine, make payments to a domestic violence shelter-based program, or pay restitution as a condition of probation under this subdivision, the court shall determine the defendant's ability to pay. An order to make payments to a domestic violence shelter-based program shall not be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support.
If the injury to a person who is married or in a registered domestic partnership is caused in whole or in part by the criminal acts of their spouse or domestic partner in violation of this section, the community property may not be used to discharge the liability of the offending spouse or domestic partner for restitution to the injured spouse or domestic partner, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs about the injured spouse or domestic partner and dependents, required by this section, until all separate property of the offending spouse or domestic partner is exhausted.
(j) Upon conviction under subdivision (a), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. The Legislature intends that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and their immediate family. The court may issue this protective order whether the defendant is sentenced to state prison or county jail or if the imposition of sentence is suspended and the defendant is placed on probation.
(k) If a peace officer arrests for a violation of this section, the peace officer is not required to inform the victim of their right to make a citizen's arrest under subdivision (b) of Section 836."
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