Penal Code 273.5: Corporal Injury to a Spouse or Inhabitant – Bakersfield Criminal Defense Attorney Christopher Martens
What Is Penal Code 273.5?
In California, Penal Code 273.5 covers the crime of willfully inflicting physical injury on a spouse, cohabitant, or the parent of your child, resulting in a "traumatic condition." A traumatic condition is defined as any injury caused by physical force that leaves a visible wound, bruise, or other bodily harm. This offense is considered a wobbler, meaning it can be charged as either a misdemeanor or a felony depending on the severity of the injury and other factors.
Key Elements of PC 273.5
To be convicted under Penal Code 273.5, the prosecution must prove:
- You willfully inflicted physical injury.
- The victim was a spouse, cohabitant, fiancé(e), dating partner, or the parent of your child.
- The injury resulted in a visible or internal traumatic condition.
Examples of PC 273.5
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Physical Altercation: During an argument, a spouse pushes the other, causing them to fall and bruise their arm. If the victim reports the injury and it meets the criteria for a traumatic condition, charges under PC 273.5 could be filed.
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Escalated Domestic Dispute: A heated argument between partners turns physical, resulting in one person receiving a black eye. This visible injury could lead to charges of corporal injury.
Possible Defenses to Penal Code 273.5 Charges
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Self-Defense or Defense of Others: If you acted to protect yourself or someone else from immediate harm, this can be a strong defense. You must show that the force used was necessary and proportional to the threat.
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False Accusations: Domestic disputes can lead to false accusations. In cases of custody battles, divorce proceedings, or relationship breakdowns, one party may make false claims. Your attorney can gather evidence and witness testimony to challenge the accuser's credibility.
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Lack of Willful Intent: To be convicted, the injury must be inflicted willfully. If the injury was accidental, such as during a reflexive action or while protecting yourself, this defense could result in reduced charges or dismissal.
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Insufficient Evidence: The prosecution must provide clear evidence of a traumatic condition resulting from your actions. If the injury is minor or inconsistent with the claims, your attorney can argue for a lesser charge or dismissal.
Potential Outcomes and Penalties
The penalties for a conviction under PC 273.5 can vary based on whether the charge is a misdemeanor or felony:
- Misdemeanor: Up to 1 year in county jail, fines up to $6,000, and mandatory participation in a domestic violence program.
- Felony: 2 to 4 years in state prison, fines up to $10,000, and a possible strike under California's Three Strikes Law.
Other consequences can include restraining orders, loss of gun rights, mandatory counseling, and immigration consequences for non-citizens.
Why You Need an Experienced Domestic Violence Defense Attorney
If you are facing charges under Penal Code 273.5 in Bakersfield or the Central Valley, your future is at stake. Christopher Martens and the legal team at Martens Law Firm have extensive experience defending clients against domestic violence charges. We work to get charges reduced, dismissed, or to secure favorable plea agreements. Our goal is to protect your rights, freedom, and reputation.
Contact Martens Law Firm today for a consultation. We serve Bakersfield, Visalia, and the surrounding Central Valley areas. Call us at (559) 372-0942 or (661) 336-9335 for expert legal assistance.