Penal Code 273.5 PC: Corporal Injury to a Spouse — Charges, Penalties, and Defense

Penal Code §273.5 is the felony statute used most often in California domestic violence cases. Misdemeanor §243(e)(1) (domestic battery) is its less serious cousin. The difference between the two often comes down to whether the alleged victim sustained a 'traumatic condition,' which the law defines so broadly that minor redness or a scratch can qualify.

This article covers what the statute requires, what the prosecution must prove, the penalties, the collateral consequences, and the defenses that work in San Diego County courts.

What does Penal Code 273.5 actually say?

The statute reads (paraphrased for readability): 'Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim who is one of the protected categories of persons is guilty of a felony or a misdemeanor.'

Three elements the prosecution must prove beyond a reasonable doubt:

• The defendant willfully inflicted corporal injury upon another person.
• The injury resulted in a traumatic condition.
• The other person was a current or former spouse, cohabitant, fiancé(e), dating partner, or parent of the defendant's child.

'Traumatic condition' is defined in §273.5(d) as a condition of the body, such as a wound, or external or internal injury, whether of a minor or serious nature, caused by a physical force. Bruises, scratches, redness, soreness, and pulled hair can all qualify.

'Willfully' under Penal Code §7 means simply that the defendant acted on purpose. It does not require an intent to cause injury. Accidentally bumping into someone is not §273.5. Pushing someone, where the push was intentional and resulted in even a minor injury, can be.

Who counts as a protected person under PC 273.5?

• Current spouse.
• Former spouse.
• Current cohabitant (defined in §273.5(b) as a person who lives together as members of the same household).
• Former cohabitant.
• Fiancé(e) or former fiancé(e).
• Dating partner or former dating partner (defined under Family Code §6210 as a person in a serious courtship-style relationship).
• Mother or father of the defendant's child.

Roommates without a romantic or family relationship are not protected under §273.5. The applicable charge for non-domestic battery is Penal Code §242 (simple battery).

What are the penalties for a PC 273.5 conviction?

Felony penalties

• Two, three, or four years in state prison under §273.5(a).
• Fines up to $6,000.
• Three to five years of formal probation in many cases, with conditions including mandatory completion of a 52-week batterer's intervention program under Penal Code §1203.097.
• Stay-away order from the alleged victim.
• Loss of firearm rights for ten years under Penal Code §29805 and for life under federal law.
• Up to three to five additional years if a great bodily injury enhancement under §12022.7 is alleged and proved.

Misdemeanor penalties

• Up to one year in county jail.
• Fines up to $6,000.
• Three to five years of summary probation.
• Mandatory 52-week batterer's intervention program.
• Stay-away order from the alleged victim.
• Loss of firearm rights for ten years.

Enhanced penalties for prior convictions

A second §273.5 conviction within seven years of a prior §273.5, §273.6, §245, §244, §241, §240, or §243(e) conviction triggers enhanced penalties under §273.5(f): up to five years in state prison and fines up to $10,000.

What is the difference between PC 273.5 and PC 243(e)(1)?

Both are California domestic violence statutes. The key differences:

PC 273.5 — corporal injury

• Wobbler (felony or misdemeanor).
• Requires a traumatic condition (visible injury).
• Up to four years state prison as felony.
• More severe collateral consequences.

PC 243(e)(1) — domestic battery

• Misdemeanor only.
• Does not require any injury.
• Up to one year county jail.
• Lower minimum bail and less aggressive prosecution in most cases.

Reduction from §273.5 to §243(e)(1) is one of the most common plea outcomes in San Diego County. It removes the felony exposure, the 52-week program is the same in both, but the conviction record is significantly less damaging.

What defenses work against a PC 273.5 charge?

Self-defense under Penal Code §692

Self-defense is a complete defense. If the alleged victim was the initial aggressor and the defendant used reasonable force to defend themselves, the jury (or judge) must find not guilty. CALCRIM 3470 provides the jury instruction. Photos of defensive injuries on the defendant strongly support this defense.

Defense of others

Same principle as self-defense, applied to defending a third party (often children). Same legal standard.

Accident

If the contact was unintentional, the willfulness element fails. CALCRIM 3404. Accidental contact during an argument, where the defendant did not intend to make contact, can support this defense.

Lack of traumatic condition

The traumatic condition element requires actual physical injury. If the medical records do not document any injury, and the photos do not show any injury, and the alleged victim's testimony of pain is uncorroborated, the felony exposure under §273.5 collapses.

False allegations

Often in the context of a divorce, custody dispute, or breakup. Text messages, witnesses, and documentary evidence of motive (pending family court filings, immigration applications) all support this defense.

Insufficient evidence

Single-witness cases where the alleged victim has credibility problems, the documentary evidence contradicts the story, or the witness is uncooperative. Many §273.5 cases get reduced or dismissed at this stage.

Motion to suppress under Penal Code §1538.5

If statements were taken in violation of Miranda, or evidence was obtained from a warrantless entry without exigent circumstances, the §1538.5 motion can suppress that evidence. Without the suppressed evidence, the prosecution often cannot proceed.

What is the timeline for a PC 273.5 case in San Diego County?

Arraignment (within 48 hours of arrest if in custody)

Initial appearance. Plea entered (not guilty). Bail addressed. Criminal protective order issued under Penal Code §136.2.

Readiness conference (30–60 days after arraignment)

Pretrial conference. Discovery exchanged. Plea negotiations begin.

Preliminary hearing (felony cases, typically 60–120 days after arraignment)

Held under Penal Code §859b. The prosecution must show probable cause that the defendant committed the offense. Defense can file motions to suppress and other pretrial motions.

Trial readiness (90–270 days after arraignment)

Final pretrial. Continued plea negotiations. Trial date confirmed.

Trial (typically 6–18 months after arraignment if the case proceeds)

Jury trial in most cases. Defense can request a bench trial in some circumstances.

Most §273.5 cases resolve before trial. Dismissal, reduction to §243(e)(1), diversion (in eligible cases), or plea to a non-DV charge such as §415 disturbing the peace.

What are the collateral consequences of a PC 273.5 conviction?

• Lifetime federal firearms ban under 18 U.S.C. §922(g)(9) for any DV misdemeanor or felony conviction involving force.
• Ten-year California firearms ban under Penal Code §29805.
• Family Code §3044 rebuttable presumption against custody for five years.
• Deportation for non-citizens. Crime of domestic violence under 8 U.S.C. §1227(a)(2)(E)(i).
• Professional licensing review. Nurses, doctors, lawyers, teachers, contractors, security guards, real estate agents.
• Background check disclosure to employers, landlords, lenders. Indefinite duration unless expunged.
• Probation conditions. Search and seizure terms, drug and alcohol restrictions, mandatory program attendance.

Frequently asked questions

Can a PC 273.5 charge be reduced to a misdemeanor?

Yes, through one of two routes. First, at filing, the DA can elect to file as a misdemeanor. Second, after a felony plea or conviction, defense counsel can petition the court under Penal Code §17(b) to reduce the wobbler to a misdemeanor.

Can a PC 273.5 conviction be expunged?

Misdemeanor §273.5 convictions can be expunged under Penal Code §1203.4 after probation is successfully completed. Felony §273.5 convictions are eligible for §1203.4 if probation (not state prison) was imposed and successfully completed. SB 731 Clean Slate may also provide automatic relief after four years for some §273.5 felonies.

What if the alleged victim does not want to press charges?

The DA decides whether to proceed, not the alleged victim. The accuser's uncooperation makes the case much harder for the prosecution but does not automatically result in dismissal. Many cases proceed and resolve through plea or trial even when the accuser is not cooperating.

How much does it cost to defend a PC 273.5 case?

Misdemeanor §273.5 defense is typically a flat fee in the mid-to-upper four figures. Felony defense, especially through preliminary hearing and possible trial, runs into five figures. Specific quotes are given at the consultation after reviewing the police report and charges.

Will my employer find out about a PC 273.5 charge?

Arrest records are public. Pre-employment background checks frequently disclose pending charges and prior convictions. Certain industries (healthcare, education, finance, government) have mandatory self-disclosure rules and trigger automatic licensing review.

Can I see my children if I am charged with PC 273.5?

Possibly not without a court order. The criminal protective order issued at arraignment often includes the children as protected persons. Coordinated representation between criminal defense and family law counsel is needed to preserve custody and visitation.