California Penal Code 273.5 PC – Corporal Injury to a Spouse or Cohabitant also referred to as Domestic Violence (DV) Battery

Overview

California Penal Code 273.5 PC makes it a crime to inflict a physical injury resulting in a traumatic condition on a current or former spouse, cohabitant, or the parent of your child. This charge is commonly filed in domestic violence cases and can be prosecuted as a felony or misdemeanor.

These cases are emotionally charged and factually complex. At Jones Trial Attorneys, we provide aggressive and strategic defense to protect your rights—both in the courtroom and at home.

Legal Definition

Penal Code § 273.5 states:

“Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony.”

Eligible victims include:

• A spouse or former spouse

• A cohabitant or former cohabitant

• The parent of your child

• A person with whom the defendant has or had a dating relationship

A “traumatic condition” can be any visible or internal injury caused by physical force—including bruises, cuts, swelling, or sprains.

Elements of the Crime

To convict someone of corporal injury under PC 273.5, the prosecution must prove:

1. You willfully inflicted physical injury;

2. On a current or former intimate partner (as defined);

3. The injury resulted in a traumatic condition;

4. Your actions were not in lawful self-defense or defense of others.

Penalties for Corporal Injury

This is a wobbler offense that may be charged as either a misdemeanor or a felony.

Misdemeanor Penalties

• Up to 1 year in county jail

• Up to $6,000 in fines

• Domestic violence counseling

• Protective orders / stay-away orders

Felony Penalties

• 2, 3, or 4 years in state prison

• Probation with up to 1 year in county jail

• Enhanced penalties if there’s a prior domestic violence conviction

You may also face loss of firearm rights, mandatory DV classes, and long-term protective orders.

Defenses to PC 273.5

Domestic violence charges often rely on limited evidence and emotionally influenced allegations. Common defenses include:

• False accusations – Motivated by revenge, custody disputes, or misunderstandings

• Lack of injury – No actual traumatic condition resulted from the alleged incident

• Self-defense – You were protecting yourself or others

• Accidental contact – The injury was unintentional

We’ve successfully resolved these cases through dismissals, not guilty verdicts, and charge reductions.

Immigration and Employment Consequences

A conviction under PC 273.5 can trigger severe immigration consequences, including:

• Deportation or denial of naturalization

• Barriers to renewing visas or green cards

It may also result in:

• Loss of professional licenses

• Denial of public employment or housing

At Jones Trial Attorneys, we build your defense with these collateral risks in mind.

Related Offenses

• Domestic Battery – PC 243(e)(1)

DV charge without injury requirement

• Child Endangerment – PC 273a

If children were present during the incident

• Criminal Threats – PC 422

Threatening serious harm to an intimate partner

How Jones Trial Attorneys Can Help

Allegations of domestic violence can alter your entire life—even without a conviction. We understand how emotional, complex, and high-stakes these cases are.

We immediately gather medical records, witness statements, police body cam footage, and any exculpatory evidence to build your defense.

💼 Free consultations

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📍 Local San Diego firm with deep courtroom experience

Talk to a Criminal Defense Attorney Today

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.