California Penal Code 273.5 PC: Expert Defense for Corporal Injury to Spouse

Domestic violence charges under PC 273.5 involve corporal injury to a spouse, cohabitant, or intimate partner. Any person who willfully inflict corporal injury resulting in a traumatic condition upon certain victims can be found guilty of domestic violence.

Under California law, domestic violence under PC 273.5 can be charged as either a felony or a misdemeanor. A felony conviction can carry up to four years in state prison, and a fine of up to $6,000. A misdemeanor conviction can carry up to one year in county jail, and a fine of up to $6,000.

If you have a prior conviction within 7 years under Pen C §273.5 or other specified offenses, you will be subject to imprisonment in a county jail for not more than 1 year, or by imprisonment in state prison for 2, 4, or 5 years, or by both imprisonment and a fine of up to $10,000.

Similarly, if you have a prior conviction within 7 years for battery under Pen C §243(e), you will be subject to imprisonment in a county jail for not more than 1 year, or by imprisonment in state prison for 2, 3, or 4 years, or by a fine of up to $10,000, or by both that imprisonment and fine.

Please note that a conviction of PC 273.5 as either a felony or misdemeanor is generally considered a crime of “moral turpitude.” If convicted, a defendant who is not a U.S. citizen can suffer drastic immigration consequences, including deportation. This applies even if the individual has no prior criminal history.

If probation is granted, you may still be required to serve some jail time, and maybe subjected to a minimum probationary period of 3 years; a criminal court protective order to protect the victim from acts of violence, threats, stalking, harassment, sexual abuse; stay-away conditions; court payments; completion of a minimum 52-week batterer’s program; counseling; community service; payment to the victim; and other conditions of probation. PC 1203.097.

A conviction can also result in being subjected to a restraining order for up to 10 years. A restraining order can restrict your physical movements, prevent you from going to places, talking to certain people, contacting someone via phone, text message, email, or social media. Violating a court protective order can and usually results in the filing of its own separate felony or misdemeanor charges.

Additionally, under PC 29805, a conviction under domestic violence under PC 273.5 will prohibit you from possessing any firearm or gun for ten (10) years.