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California takes allegations of domestic violence seriously. Penal Code 273.5 PC is a state law making it illegal to physically harm intimate partners. It’s also referred to as corporal injury to a spouse, though the law protects more than just married couples.
Accusations of spousal abuse can cause lasting damage to your career and personal relationships — and a conviction can result in incarceration, significant fines, and mandatory domestic violence classes. If you’ve been charged with or are under investigation for domestic abuse in Los Angeles, an experienced criminal defense attorney can work to clear your name, minimize potential penalties, and/or explore alternative sentencing options for you.
The Law Offices of Justin E. Sterling understands what’s at stake. You’re innocent until proven guilty under the law, and we’re here to build a case that upholds your rights and demands a fair outcome. Call or contact us online today for a free case review.
Defining Corporal Injury Under § 273.5 PC
California Penal Code § 273.5(a) defines a “corporal injury” as any physical injury inflicted on an intimate partner that results in a “traumatic condition.” These types of injuries could be a wound or other external or internal bodily injury caused by direct physical force.
Even minor injuries qualify. The alleged victim doesn’t need to seek medical treatment to trigger criminal charges. For example, if someone shook their spouse and left bruises on their shoulders, they can be charged under §273.5 PC.
Unlike other domestic battery laws, the victim must suffer an actual injury caused intentionally by an intimate partner to press charges.
Who Is Protected Under § 273.5 PC?
Corporal injury to a spouse goes by other names, such as corporal injury, domestic violence with injury, spousal abuse, or willful infliction of a corporal injury on a spouse or cohabitant. This is because the victims under this law can include more than just people who are currently married.
Protected parties under § 273.5 PC include:
- Current or former spouses
- Current or former cohabitant (a cohabiting romantic partner)
- Current or former fiancé(e)s
- The parent of your child, whether you were ever in a relationship
- Current or previous dating partners
Because of this broad legal definition, you may be shocked to find yourself facing a serious felony charge. Understanding whether the alleged victim falls within the protected category is a key component of any criminal defense case.
Fortunately, charges are not convictions. Early legal intervention can make a big difference in your case. The Law Offices of Justin E. Sterling works with an in-house investigative team, many of whom are former law enforcement officers. These are the people who know how police conduct investigations and what officers might overlook. Their input is crucial as we investigate and develop strategies to challenge the prosecution’s case.
What Does the Prosecution Have to Prove?
To convict someone of corporal injury to a spouse, the prosecution must prove three key elements:
- The act was willful. This means the defendant intentionally committed the act, not that they intended to cause injury. For example, pushing someone during an argument may be considered willful, even if they didn’t mean to hurt them.
- The relationship qualifies under California law. The prosecution must show that the alleged victim was an intimate partner, such as a spouse, cohabitant, or someone the defendant previously dated or shares a child with.
- The act caused a traumatic condition. This is defined as a visible or internal injury caused by force, including bruising, swelling, sprains, cuts, and other bodily harm.
Prosecutors must prove each of these elements beyond a reasonable doubt, which is the highest standard of proof in the legal system. Because our firm has significant defense and trial experience, we understand how prosecutors build their cases — and how often they overreach. Our in-depth experience and investigative team enable us to find the weak spots in the state’s case and leverage those weaknesses for your defense.
Potential Penalties for a § 273.5 PC Conviction
Corporal injury to a spouse is a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony based on the circumstances of your case. If you’re accused of a misdemeanor under this statute, you face up to a year in county jail, fines up to $6,000, and mandatory domestic violence counseling.
Felony convictions may result in two to four years in state prison, with an additional five years if the incident caused great bodily injury. Significant bodily injury qualifies as a strike under California’s Three Strikes Law. Penalties for a corporal injury to a spouse can be enhanced for offenders with prior convictions.
Probation is also a possibility for misdemeanor and felony cases.
Convictions can also result in the loss of gun rights and professional licenses. Charges may affect your immigration status, ability to secure housing and employment, and custody rights.
Common Legal Defenses for Corporal Injury of a Spouse
Your defense will depend on the unique facts of your case. However, Los Angeles criminal defense attorneys often employ the following defenses to § 273.5 PC charges:
- False allegations
- Accidental injury
- No actual injury
- Self-defense or defense of another person
Because each case is unique, Attorney Justin E. Sterling will tailor your defense to your specific needs. We’ll pursue mitigating evidence whenever possible to support your case.
Why You Need an Experienced Criminal Defense Attorney
California prosecutors pursue domestic violence allegations involving a corporal injury to a spouse aggressively. Even if you’re innocent, simply being charged can carry a damaging stigma and have serious ramifications in multiple facets of your life.
Working with an experienced criminal defense attorney can make all the difference. The right advocate can:
- Protect your constitutional rights
- Challenge weak or inconsistent evidence
- Uncover exculpatory evidence that casts doubt on the allegations against you
- Present strategic, personalized legal defenses in court
- Negotiate reduced charges, dismissals, or diversion programs
Discuss Your Case with a Domestic Violence Attorney Today
The Law Offices of Justin E. Sterling is a premier Los Angeles criminal defense law firm providing powerful representation to individuals charged in all types of criminal matters. With over two decades of courtroom experience, including 70+ jury trials in state and federal courts, Attorney Justin Sterling is a proven advocate and relentless defender for his clients. Call us today for a free consultation.
