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
• 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.
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Accused of Child Abuse? Call Today.
Call us at (866) JTA-WINS or Schedule a Free Consultation using the form below.
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