Child Abuse - California Penal Code § 273d

California Penal Code 273d – Child Abuse


Overview


Penal Code 273d PC makes it a crime to inflict physical injury or cruel punishment on a child. While parents and guardians have the right to discipline their children, there’s a legal line between discipline and abuse—and crossing it can lead to felony charges, custody loss, and a permanent mark on your record.


Child abuse cases often arise from misunderstandings, overreactions, or family disputes, and false allegations are not uncommon—especially in custody battles or during divorce.


At Jones Trial Attorneys, we defend child abuse charges with discretion, empathy, and precision. We investigate the facts, challenge questionable evidence, and fight for your parental rights and reputation.




Legal Definition


Penal Code § 273d(a) states:


“Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a felony.”




Elements of the Crime


To convict someone under PC 273d, the prosecution must prove:

1. You willfully inflicted physical punishment or injury on a child;

2. The punishment was cruel or inhuman, or caused a traumatic condition; and

3. The child was under the age of 18.


A “traumatic condition” can be any wound or injury resulting from physical force—not just visible bruises or cuts.




Penalties for PC 273d


Child abuse is a wobbler, meaning it can be charged as a misdemeanor or felony, depending on the severity of the injury and your criminal history.


Misdemeanor Penalties:

• Up to 1 year in county jail

• Misdemeanor probation

• Parenting or anger management classes


Felony Penalties:

2, 4, or 6 years in state prison

• Formal probation

• Up to 10 years if prior convictions exist

• Possible loss of custody or visitation rights


A conviction can also lead to restraining orders, mandatory counseling, and registration with child abuse databases.




Defenses to Child Abuse Charges


We have successfully defended parents, caregivers, and guardians accused of child abuse using strategies like:

Lawful discipline – The act was within the bounds of reasonable corporal punishment

Accidental injury – No intent to harm, and injury was not abuse

False accusations – Often arise in custody battles or disputes

Lack of evidence – No proof of injury or causation

Witness bias or exaggeration – Especially from ex-spouses or teachers


We consult medical experts to analyze alleged injuries and work to suppress prejudicial or irrelevant evidence.




Immigration and Employment Consequences


A PC 273d conviction is considered a crime of moral turpitude and a child abuse offense under federal law:

• May lead to deportation or denial of naturalization

• Can bar employment in education, healthcare, or caregiving

• Impacts professional licensing in California




Related Offenses

• PC 273a – Child Endangerment

PC 270 – Failure to Provide for a Child

• PC 242 – Battery

WIC 300 – Juvenile Dependency Court Proceedings




How Jones Trial Attorneys Can Help


Allegations of child abuse are incredibly damaging—even when untrue. We defend these cases with urgency and care, aiming for full dismissal, reduced charges, or family-centered resolutions that protect your parental rights.


💼 Free consultations

⚖️ Family and criminal court defense experience

📍 Based in San Diego, trusted across California




Accused of Child Abuse? Call Today.


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

Schedule a Free Consultation Now

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FREQUENTLY DEFENDED CHARGES

PC69-Resisting an Executive Officer

PC148-Resisting Arrest

PC187-Murder

PC187-Watson Murder

PC189-Felony Murder

PC664/187-Attempted Murder

PC191.5-Gross Vehicular Manslaughter While Intoxicated

PC192-Manslaughter

PC192(a)-Voluntary Manslaughter

PC192(b)-Involuntary Manslaughter

PC192(c)-Gross Vehicular Manslaughter

PC211-Robbery

PC215-Carjacking

PC240-Assault

PC242-Battery

PC243(b/c)-Battery on a Peace Officer

PC243(d)-Battery Causing Serious Injury

PC243(e)(1)-Domestic Battery

PC245(a)(1)-Assault with a Deadly Weapon

PC245(a)(4)-Assault with Force Likely to Cause Great Bodily Injury

PC246-Shooting at an Inhabited Dwelling or Vehicle

PC246.3-Negligent Discharge of a Firearm

PC261-Rape

PC261.5-Statutory Rape

PC273a-Child Endangerment

PC273.5-Corporal Injury to Spouse

PC417-Brandishing a Weapon

PC422-Criminal Threats

PC451-Arson

PC459-Burglary

PC459.5-Shoplifting

PC470-Forgery

PC484(e)-Credit Card Fraud

PC487-Grand Theft

PC487d1-Grand Theft Auto

PC488-Petty Theft

PC496-Receiving Stolen Property

PC503-Embezzlement

PC530.5-Identity Theft

PC594-Vandalism

PC602-Trespass

PC646(f)-Public Intoxication

PC646.9-Stalking

PC25400-Carrying a Concealed Firearm

PC26100-Drive-By Shooting

PC29800-Felon in Possession of a Firearm

PC30305-Possession of Ammunition by a Prohibited Person

VC10851-Joyriding

VC14601-Driving on a Suspended License

VC20002-Hit and Run

VC23103-Reckless Driving

VC23103.5-Wet Reckless

VC23152-Driving Under the Influence (DUI)

VC23153-DUI Causing Injury

HS11350-Possession of a Controlled Substance

HS11350-Possession of Fentanyl

HS11351-Possession for Sale

HS11352-Drug Transportation and Sales

HS11364-Possession of Drug Paraphernalia

HS11370.1-Possession of Drugs while Armed

HS11377-Possession of Methamphetamine

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Gang Enhancement

Great Bodily Injury Enhancement

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Common Aggravating Factors