A family argument or disturbance can quickly escalate into a domestic violence charge, whether that accusation is warranted or not. For many people facing domestic violence allegations, getting charged under Penal Code § 273.5 marks the beginning of a daunting legal battle. If someone has accused you or a loved one of such charges, it is essential to understand your rights, what the law says, and the potential defenses.
At Esfandi Law Group, we know how serious these charges are and how easily a family-centered misunderstanding can result in criminal allegations. This guide explains what domestic violence Penal Code § 273.5 covers and what you should expect during the legal process.
What Is Penal Code § 273.5?
California Penal § 273.5, also known as 273.5(a) PC, makes it a crime to inflict a corporal injury that results in a traumatic condition upon an intimate partner. The statute applies to current or former spouses, cohabitants, co-parents, or individuals in a dating relationship.
To convict you under 273.5(a) PC, the prosecution must prove the following:
- You acted willfully in causing a physical injury,
- The injury caused a traumatic condition for the recipient, and
- The injured person was an intimate partner under California law.
The law does not require severe harm. Any visible mark, including a bruise or red area, may qualify as a traumatic condition.
What Does “Corporal Injury to Spouse” Mean?
People often use the phrase corporal injury to a spouse when referring to violations of Penal Code § 273.5. Corporal injury means physical harm to the body. The term spouse applies broadly to a range of intimate partners recognized by California law.
The injury must be caused intentionally and directly. This requirement distinguishes 273.5(a) PC from domestic battery under Penal Code § 243(e)(1), which does not require proof of injury.
Penalties for a 273.5(a) PC Conviction
This offense is classified as a wobbler, which means it can be prosecuted as either a misdemeanor or a felony. Sentencing depends on several factors, including injury severity, past convictions, and case-specific facts.
Common penalties include the following:
- Up to one year in county jail and misdemeanor probation,
- Two to four years in state prison for felony cases,
- Criminal fines, and
- Required completion of a domestic violence intervention program.
Additional consequences may include:
- A protective or restraining order prohibiting contact with the alleged victim,
- Loss of firearm ownership rights, and
- Immigration complications for non-citizens.
The personal and professional fallout of a conviction can be long-lasting. Your best chance of avoiding the harshest penalties is to have an experienced and knowledgeable criminal defense lawyer on your side.
Common Defenses to a Penal Code § 273.5 Charge
If you are trying to understand how to fight a charge under Penal Code § 273.5, several legal defenses may be available. Every case is unique, and choosing the right strategy starts with a detailed evaluation of the facts of your case by a skilled criminal defense attorney.
False Allegations
Accusations can arise out of anger, spite, or attempts to gain legal advantage in family law cases. A skilled attorney can highlight contradictions in the statements, identify inconsistencies in the timeline, find supportive witness testimony, and uncover motive or bias that points toward fabrication. Documenting past disputes or text communications can also help reveal the context of the allegation.
Lack of Injury
When no injury is visible or documented, proving that a traumatic condition resulted from the alleged incident becomes difficult. Your defense may include using medical evaluations or photographs to disprove the prosecution’s claims. If the alleged victim delayed seeking medical care or changed their story, those facts may also weaken the claim.
Self-Defense or Defense of Others
You are legally permitted to defend yourself or another person from immediate harm. If your actions were defensive rather than aggressive, this defense may apply. Supporting evidence often includes defensive wounds, photographs of the scene, police body cam footage, and your own account of events. Establishing the imminent threat of harm is key to the success of this defense.
Accidental Contact
The prosecution must prove that the injury was intentional. If the incident resulted from a reflexive movement or was unintentional during a physical altercation, the required element of willfulness may be missing. Surveillance footage, eyewitness statements, or forensic evidence may all support a claim of accidental injury.
Insufficient Evidence
The State must prove every element of the offense beyond a reasonable doubt. If the evidence is inconsistent, unclear, or unsupported by physical proof, your lawyer may challenge the case’s foundation or negotiate for a lesser charge. Uncooperative witnesses, missing medical records, or incomplete police reports can each be grounds for challenging the prosecution’s claims.
Understanding and asserting the right defense can mean the difference between a conviction and a cleared name. A thorough case review is the first step in building a strong response.
What Happens After an Arrest for a 273.5(a) PC Charge?
The legal process generally includes the following steps:
- Booking and release through posting bail or release on your own recognizance;
- Protective order hearings, which may limit contact with the alleged victim;
- Arraignment, where charges are formally read;
- Pre-trial motions and discovery, including evidence gathering and negotiation; and
- Trial if a resolution is not reached earlier.
A protective order often remains in place during the proceedings. Violating it may result in additional charges and stricter penalties.
Can a Charge Based on 273.5(a) PC Be Dropped or Reduced?
Although the alleged victim can express a desire to stop prosecution, only the district attorney can drop a criminal charge. However, your attorney may present arguments to persuade the prosecutor to:
- Dismiss the case due to insufficient or flawed evidence,
- Reduce the charge to a misdemeanor, or
- Request participation in a diversion program to avoid a conviction.
Lowering the charge or resolving the matter outside of trial can minimize long-term consequences and help you avoid incarceration.
How Esfandi Law Group Can Help
Facing a charge of domestic violence under the California Penal Code is daunting, but you do not have to go through it alone. At Esfandi Law Group, we offer:
- Case-specific legal strategies focused on reducing or dismissing charges;
- Thorough examination of police reports, witness accounts, and physical evidence;
- Representation in criminal court and protective order hearings; and
- Legal support in both English and Spanish.
Attorney Seppi Esfandi brings more than 20 years of experience to your defense. As a former public defender, he knows how to navigate the California court system, anticipate prosecutorial tactics, and advocate effectively for each client.
Contact Esfandi Law Group for Help Today
A charge for corporal injury to a spouse can disrupt every aspect of your life. From job loss to custody disputes, the effects can be immediate and serious.
At Esfandi Law Group, we provide the clear guidance and aggressive representation you need to defend your rights and move forward. We take pride in being accessible, honest, and effective as we serve clients throughout Los Angeles.
Schedule a free, confidential consultation today. We will listen to your side, explain your options, and work to secure the best possible outcome for your future.