Overview of Corporal Injury to Spouse
California Penal Code 273.5(a) makes it a crime for someone to willfully inflict any bodily injury—no matter how minor or severe—on a current or former spouse or intimate partner. In California courts, this offense is commonly referred to as “Corporal Injury.”
To be charged under PC 273.5(a), the prosecution must prove that the accused:
- Willfully inflicted a physical injury,
- On a current or former intimate partner, and
- That the physical injury caused a traumatic condition.
It’s important to note that this statute does not include mental or psychological injury.
Legal Definitions of PC 273.5 Elements
“Willfully”
Under this statute, “willfully” means that the defendant committed the act on purpose. It does not necessarily mean that they intended to harm the victim. As long as the defendant deliberately acted in a way that resulted in the alleged injury, the conduct is considered willful under the law.
“Intimate Partner”
PC 273.5 requires that the corporal injury be inflicted on an intimate partner, which includes a current or former:
- Spouse
- Cohabitant (live-in boyfriend or girlfriend)
- Fiancé or fiancée
- The biological parent of the defendant’s child
- Any person with whom the accused is or was in a serious dating relationship
Prosecutors may use several factors to establish whether two people are or were cohabiting, including:
- Joint ownership or use of property
- Length of the relationship
- Sharing of income or general living expenses
- Relationship continuity
Under California domestic violence laws, it’s also possible for a defendant to cohabit with more than one person at a time.
“Traumatic Condition”
A traumatic condition refers to any wound or bodily harm caused by the direct application of physical force. Examples include broken bones, bruises, concussions, internal bleeding, or sprains. The injury does not need to be serious for the charge to apply.
To prove corporal injury under PC 273.5(a), the prosecution must show that:
- The traumatic condition was a natural and probable result of the injury,
- The injury was a direct and substantial cause of the condition, and
- The condition would not have occurred without the injury.
PC 273.5(a) Sentencing
Domestic violence or corporal injury to a spouse under PC 273.5(a) is a “wobbler” offense in California. This means it can be charged as either a misdemeanor or a felony depending on:
- The circumstances of the case,
- The defendant’s criminal history, and
- The severity of the victim’s injuries.
Misdemeanor Penalties
If convicted of a misdemeanor, penalties can include:
- Up to one year in county jail and/or
- A maximum fine of $6,000
- Up to 3 years of informal probation
Felony Penalties
If the injuries are serious, or if the defendant has prior convictions for domestic violence, the charge will likely be filed as a felony. Penalties include:
- Two, three, or four years in state prison
- A maximum fine of $6,000
- Up to 5 years of formal probation
Enhanced Penalties for Prior Convictions
A defendant convicted of a felony corporal injury with prior convictions for assault or battery within the past seven years may face enhanced penalties. Related offenses include:
- Corporal Injury on a Spouse (PC 273.5)
- Assault or battery resulting in serious bodily injury (PC 243(d))
- Assault with a caustic chemical (PC 244)
- Assault with a stun gun (PC 244.5)
- Assault with a deadly weapon (PC 245)
- Sexual battery (PC 243.4)
- Battery on a spouse (PC 243(e))
If the prior conviction was battery on a spouse (PC 243(e)), penalties can increase to:
- Up to 4 years in state prison
- Fines up to $10,000
If the prior offense was for another form of battery or assault listed above, the maximum state prison sentence may increase to 5 years.
“Three Strikes” Law and PC 273.5
Under California’s Three Strikes Law, a conviction for a serious or violent felony counts as a “strike.” If a defendant accumulates three strikes, they face 25 years to life in prison.
A corporal injury charge under PC 273.5 may count as a strike if:
- The charge is filed as a felony, and
- The injury resulted in great bodily harm.
Great Bodily Injury Enhancement – PC 12022.7
If the corporal injury results in great bodily injury, the defendant may face a sentencing enhancement under Penal Code 12022.7 PC, which adds three to five years to a state prison sentence.
However, Los Angeles County prosecutors no longer pursue great bodily injury enhancements under PC 12022.7. This means a PC 273.5 conviction in LA County that causes great bodily injury will not be considered a strike offense.
Probation Conditions
Defendants may receive probation instead of jail time, especially for a first offense or when mitigating factors exist. Common probation conditions include:
- Minimum 15 days in jail for prior convictions within 7 years
- Up to 60 days in jail for multiple prior convictions
- Avoiding any new violations of the law
- Paying up to $5,000 to a battered women’s shelter
- Completing a 52-week domestic violence program
- Complying with restraining orders
- Paying restitution for the victim’s medical or counseling expenses
- Completing community service or court-ordered counseling
Immigration Consequences
Because corporal injury to a spouse is considered a crime of domestic violence under federal law, non-citizens convicted under PC 273.5 face serious immigration consequences, including deportation.
A conviction under this statute may also be categorized as a crime involving moral turpitude (CIMT) or an aggravated felony, making a non-citizen inadmissible. This means they could:
- Lose the right to re-enter the U.S.
- Be ineligible for citizenship
- Lose eligibility for a green card or adjustment of status
Prosecuting a PC 273.5 Case
To secure a conviction, prosecutors must prove beyond a reasonable doubt that:
- The defendant willfully inflicted a physical injury,
- On a current or former intimate partner, and
- The injury caused a traumatic condition.
Common Prosecution Challenges
1. The Accuser Drops the Charges
Emotions often run high in domestic disputes, and the alleged victim may later regret calling the police. However, even if the accuser recants, prosecutors can still move forward with the case if they believe the defendant manipulated or coerced the victim.
2. The Accuser Refuses to Testify
While prosecutors can subpoena a witness, Civil Code 1219(b) prevents victims of domestic violence from being jailed for refusing to testify. Without the victim’s cooperation, the case becomes harder to prove.
3. The Accuser Cannot Appear in Court
If the key witness cannot be found or refuses to testify, prosecutors may struggle to present admissible evidence. Hearsay statements are often excluded from trial.
Defending a PC 273.5 Charge
To have your charges under PC 273.5 dismissed, you need an experienced Los Angeles domestic violence defense attorney. Common defense strategies include:
Self-Defense
If the defendant reasonably believed they were in imminent danger of injury and acted only to protect themselves, the act may be justified as self-defense.
Accident
If the injury was unintentional or caused by an accident rather than deliberate force, the defendant cannot be convicted of domestic violence.
False Accusation
In emotionally charged relationships, one partner may falsely accuse the other out of anger, jealousy, or revenge. Skilled defense lawyers can expose inconsistencies and present evidence to show the accusation is untrue.
Actual Case Study – Corporal Injury to a Spouse
Many PC 273.5 cases involve couples who genuinely care for each other but have a dispute that escalates. Often, police are called during the heat of the moment, and one partner is arrested even if the other doesn’t want that to happen.
In one Esfandi Law Group case, a husband was arrested after an argument with his wife. Despite the wife’s pleas, the prosecutor moved forward. The defense invoked Civil Code Section 1219(b), which makes it illegal to jail a domestic violence victim for refusing to testify.
At trial, the wife refused to testify under this protection, and the court dismissed the case. The couple reconciled, and Esfandi Law Group later helped the husband seal his arrest record — restoring his clean record and peace of mind.
Speak With a Los Angeles Corporal Injury Attorney
If you’ve been accused of violating California Penal Code 273.5, your future and freedom are on the line. The criminal defense team at Esfandi Law Group has extensive experience defending clients charged with corporal injury, domestic violence, and related offenses throughout Los Angeles County.
Contact us today for a free consultation and get the defense you deserve.
