The Law Offices of Ty Martinez Criminal Defense
Penal Code 273.5 PC: Corporal Injury on a Spouse or Partner
Domestic violence lawyer for PC 273.5 charges in Riverside and San Bernardino counties.
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Penal Code 273.5 makes it a crime to willfully injure a current or former spouse, cohabitant, fianc茅 or dating partner, or the other parent of your child, when the injury causes a traumatic condition, even a minor one such as a bruise or swelling. It is a wobbler: it can be filed as a misdemeanor with up to 364 days in county jail, or as a felony with two, three or four years in state prison.
| Code section | California Penal Code 273.5 |
|---|---|
| Also called | Corporal injury, spousal abuse, felony domestic violence |
| Misdemeanor or felony | Either (a wobbler) |
| Misdemeanor | Up to 364 days in county jail |
| Felony | 2, 3 or 4 years in state prison |
| Fine | Up to $6,000, or up to $10,000 with certain priors |
| Probation | At least 3 years, with a 52-week batterer's program |
| Strike | Not by itself; yes if great bodily injury or a weapon is proved |
| Gun rights | Lifetime California ban, for a felony and for a misdemeanor conviction since 2019 |
| Jury instruction | CALCRIM 840 |
Charged under PC 273.5 in Riverside or San Bernardino County?
Calls are answered 24/7, and the consultation is free.
What PC 273.5 means
PC 273.5 is California's main felony domestic violence charge. It applies when you willfully inflict a physical injury that leaves a traumatic condition on someone you have, or had, a close relationship with: a spouse or former spouse, a cohabitant or former cohabitant, a fianc茅 or dating partner, or the other parent of your child. Living together counts even if you never claimed to be married (PC 273.5(c)).
A traumatic condition is a wound or other injury to the body, inside or out, minor or serious, caused by physical force. It includes injury from strangulation or suffocation, which the law defines as impeding normal breathing or blood circulation by pressing on the throat or neck (PC 273.5(d)).
To convict you, the prosecutor must prove each of these beyond a reasonable doubt (CALCRIM 840):
- You willfully inflicted a physical injury on the other person. Willfully means on purpose; you don't have to have meant to cause an injury
- The other person was your current or former spouse, cohabitant, fianc茅 or dating partner, or the other parent of your child
- The injury resulted in a traumatic condition
How is PC 273.5 different from domestic battery?
Domestic battery (PC 243(e)(1)) is any willful, harmful or offensive touching of a partner or former partner. No injury is required, and it is a misdemeanor. PC 273.5 requires a physical injury, even a minor one, and it can be filed as a felony. Whether there was a visible injury, and what caused it, often decides which charge is filed and whether it can be reduced.
PC 273.5 penalties
- Misdemeanor: up to 364 days in county jail, a fine of up to $6,000, or both
- Felony: two, three or four years in state prison, a fine of up to $6,000, or both
- With a prior conviction within seven years for PC 273.5, battery with serious bodily injury (PC 243(d)), sexual battery (PC 243.4), PC 244, PC 244.5 or assault with a deadly weapon (PC 245): up to 364 days in county jail, or two, four or five years in state prison, or both prison or jail and a fine of up to $10,000 (PC 273.5(f)(1))
- With a prior domestic battery conviction (PC 243(e)) within seven years: two, three or four years in state prison or up to 364 days in county jail, a fine of up to $10,000, or both (PC 273.5(f)(2))
Many first-time cases are resolved with probation instead of a long jail term. If you are granted probation, the law requires at least 36 months of probation, a criminal protective order, community service, a minimum $500 fee the judge can reduce if you can't pay, and a batterer's program of at least one year with weekly two-hour sessions (PC 1203.097). With one prior listed conviction in the past seven years, probation must also include at least 15 days in county jail, or 60 days with two or more, unless the judge finds good cause (PC 273.5(h)).
At sentencing, the judge must also consider a no-contact order that can last up to 15 years (PC 273.5).
Consequences beyond jail
- Guns: a felony conviction brings a lifetime ban (PC 29800), and so does a misdemeanor PC 273.5 conviction on or after January 1, 2019 (PC 29805(b)). Federal law also bans guns after a misdemeanor domestic violence conviction
- Strike: PC 273.5 is not a strike by itself, but it becomes one if the prosecutor proves you personally caused great bodily injury, which can also add three, four or five years (PC 1192.7(c)(8), 12022.7(e))
- Custody: a domestic violence finding can create a presumption, which you can try to overcome, against giving you custody of your children (Family Code 3044)
- Immigration: for non-citizens, a domestic violence conviction can lead to deportation, so talk to us before entering any plea
Common defenses to PC 273.5
It depends on the evidence. Common defenses include:
- Self-defense or defense of someone else
- The injury was accidental, or was caused by something other than you
- There was no traumatic condition, which can mean a misdemeanor domestic battery at most
- The relationship is not one PC 273.5 covers, which changes the charge
- False or exaggerated accusations, often during a breakup, divorce or custody dispute
- Insufficient evidence to prove the charge beyond a reasonable doubt
We review the police report, body camera video, 911 calls, photos, medical records and witness statements to find the weaknesses in the case.
Related charges
PC 273.5 cases in Riverside and San Bernardino counties
In San Bernardino County, cases from Rancho Cucamonga, Ontario, Upland, Chino, Chino Hills, Montclair, Fontana and Rialto are heard at the West Valley courthouse in Rancho Cucamonga; cases from San Bernardino, Colton, Highland, Redlands, Loma Linda and Yucaipa at the San Bernardino Justice Center; and cases from Victorville, Hesperia and Apple Valley at the Victorville courthouse. In Riverside County, criminal cases are heard at five courthouses: the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the Banning Justice Center, the Larson Justice Center in Indio and the Blythe courthouse.
In both counties, the judge usually issues a criminal protective order at the first court date, which can keep you out of your own home even if the other person wants you back. If you are placed on probation, you must file proof of enrollment in a batterer's program with the court within 30 days of conviction (PC 1203.097). Our office is in Riverside, and Yvonne Todd began her career as a Public Defender in San Bernardino.
Frequently asked questions
Is PC 273.5 a felony?
It can be either. PC 273.5 is a wobbler, so the prosecutor can file it as a misdemeanor or a felony, usually depending on the injury, any prior record and the facts. A felony charge can sometimes be reduced to a misdemeanor, either in negotiations or by the judge (PC 17(b)).
Can the alleged victim drop PC 273.5 charges?
No. In California, the prosecutor decides whether to file and whether to proceed, not the alleged victim. Prosecutors often continue a case even when the other person wants it dropped or changes their story. Never pressure or ask them to change their statement. That can lead to new charges.
What happens at the first court date?
You are booked and held until you post bail or see a judge. If you stay in custody, you must be brought to court for arraignment, usually within 48 hours, not counting Sundays and holidays. Police often request an Emergency Protective Order at the scene, which lasts up to 5 court days or 7 calendar days. At arraignment, the judge reads the charges, takes your plea, rules on bail or release, and usually issues a criminal protective order. Violating it is a new crime (PC 273.6).
Can I get diversion for PC 273.5?
Judge-granted misdemeanor diversion (PC 1001.95) is not available for domestic violence charges. Mental health diversion (PC 1001.36) may be available in some cases when a diagnosed condition played a part. We look at every option early, because diversion ends in a dismissal.
Can a PC 273.5 conviction be expunged?
Often, yes. If you complete probation, you may be able to have the conviction dismissed under PC 1203.4. A dismissal does not restore your gun rights, and the conviction can still count as a prior if you are charged again.
Read the official text of PC 273.5 on the California Legislative Information site.
This page is general information about California law, not legal advice about your case. Reading it does not create an attorney-client relationship.
Facing PC 273.5 charges? Calls are answered 24/7, and the consultation is free.
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