The legal system in California uses California Penal Code Section 273.5(a): Corporal Injury to a Spouse to prosecute acts of physical violence against an intimate partner. PC 273.5(a) is one of the many different charges used to deal with domestic violence cases in California.
Individuals charged with corporal injury to a spouse may face extreme legal penalties. Both high fines and jail time are common sentences for PC 273.5(a) convictions.
A Los Angeles domestic violence defense lawyer from the Simmrin Law Group can offer you information about PC 273.5(a), facts about possible penalties for this charge, and defenses against accusations of corporal injury to a spouse. Call or complete our online contact form to learn more.
What Should You Know About PC 273.5(a) Charges?
PC 273.5(a) forbids individuals from causing physical injury to an intimate partner. Under the law in Los Angeles, intimate partners can include an individual’s:
- Current or previous spouse
- Current or previous domestic partner
- Current or previous cohabitant
- Current or previous fiancé
- Current or previous serious girlfriend or boyfriend
The parent of an individual’s child will also qualify as an intimate partner under PC 273.5(a). Any act that causes physical harm can qualify as a corporal injury in the state of California.
If you face charges under California Penal Code Section 273.5(a): Corporal Injury to a Spouse, it is in your best interest to speak with an experienced criminal defense lawyer in Los Angeles.
What do Prosecutors Have to Prove for a PC 273.5(a) Conviction?
The prosecution has to establish that an individual broke the law to secure a PC 273.5(a) conviction. The prosecution has to show that:
- Someone unlawfully and intentionally inflicted some kind of physical injury on their former or current cohabitant, spouse, or parent of their child
- The injury caused a traumatic condition of some kind
- The accused was not acting in self-defense
A lawyer can provide you with more detailed information about this domestic violence charge.
What Is a Traumatic Condition in California?
California’s legal codes specifically define a “traumatic condition.” Any bodily injury or wound caused by directly applying physical force to a domestic partner, spouse, or something in a dating relationship meets the qualification standards.
Minor injuries or wounds may qualify as a traumatic condition under California Penal Code Section 273.5(a): Corporal Injury to a Spouse.
Examples of injuries that meet the criteria of a traumatic condition include:
- Concussions
- Broken bones
- Sprains
- Bruises
- An internal injury or internal bleeding
Any injuries associated with strangulation or suffocation may also meet this legal definition. If you face a PC 273.5(a) accusation, the court will offer specific instructions about the meaning of “traumatic condition” to jurors.
Do People Use Other Terms for Corporal Injury to a Spouse?
You may hear people use various terms to refer to charges covered by California Penal Code Section 273.5(a): Corporal Injury to a Spouse. Your lawyer may assist if you face accusations for:
- Domestic violence
- Domestic abuse
- Spousal abuse
- Intentional infliction of corporal injury
- Willful infliction of corporation injury
- Corporal injury on a spouse
- Corporal injury on a cohabitant
- Corporal injury on an intimate partner
An attorney can step in to help after any charge of inflicting some form of bodily injury on an intimate partner.
What Are the Penalties for a PC 273.5(a) Conviction?
Individuals convicted under California Penal Code Section 273.5(a): Corporal Injury to a Spouse may face misdemeanor or felony charges, depending on their situation. This variance occurs because California classifies this charge as a “wobbler.”
The penalties vary based on the type of charge pursued by the prosecution. Additionally, individuals may face harsher penalties if they have previous convictions on their record.
Penalties for a Misdemeanor Conviction
If you face misdemeanor charges under California Penal Code Section 273.5(a): Corporal Injury to a Spouse, you may face the following penalties:
- Up to a year in county jail
- Fines of up to $6,000
- Summary probation (also called misdemeanor probation)
You may face these penalties if your domestic partner, intimate partner, spouse, or another individual in a dating relationship with you accuses you of corporal injury.
Penalties for a Felony Conviction
Individuals convicted of a felony may face:
- Up to four years in state prison
- Fines of up to $6,000
- Formal probation (also called felony probation)
Felony charges for any form of domestic abuse involving the willful infliction of harm usually come with mandatory imprisonment.
What Determines if You Face Felony or Misdemeanor Charges?
The prosecution decides if you face misdemeanor or felony charges after an accusation under California Penal Code Section 273.5(a): Corporal Injury to a Spouse. The prosecution looks at the facts about your case and your criminal record when making this decision.
We can provide more information about these criminal charges when you contact us for assistance.
What Are the Penalties Under PC 273.5(a) with Prior Convictions?
You may face harsher penalties if someone accuses you of corporal injury to a spouse and you have previous convictions on your record. In this situation, you may face:
- Up to a year of jail time (served in a county jail)
- Up to five years in a state prison
- Fines of up to $10,000
Considering the severe impacts of a previous conviction on your future, we recommend reaching out to a lawyer right away for assistance with your current California Penal Code Section 273.5(a): Corporal Injury to a Spouse charges.
What Prior Charges Can Increase Your Penalties?
Charges that can impact your current legal situation include:
- Penal Code 243(d): Assault or Battery Resulting in Serious Bodily Injury
- Penal Code 243(e): Battery on a Spouse
- Penal Code 243.4: Sexual Battery
- Penal Code 244: Assault with Caustic Chemicals
- Penal Code 244.5: Assault with a Stun Gun
- Penal Code 245: Assault with a Deadly Weapon
- Penal Code 273.5(a): Corporal Injury on a Spouse
Any of these criminal charges can result in more time in county jail, a harsher prison sentence, or higher fines, so contact a law firm for prompt help addressing current charges.
How Long Can Prior Charges Impact Potential Penalties?
Prior convictions on your criminal record can impact charges of corporal injury against a domestic partner or someone else involved in an intimate relationship for up to seven years. Domestic violence lawyers can help you, even if you have past convictions.
Can You Face Sentencing Enhancements for PC 273.5(a)?
In the past, individuals accused of corporal injury to a spouse could face a sentencing enhancement under California Penal Code 12022.7: Great Bodily Injury. However, prosecutors in Los Angeles stopped applying this enhancement to PC 273.5(a) charges in 2020.
Does a PC 273.5(a) Conviction Count as a Strike in California?
California uses a three-strike system for some violent crimes, increasing the severity of a conviction for each conviction. California Penal Code Section 273.5(a): Corporal Injury to a Spouse no longer counts as a strike offense in California.
Your criminal defense lawyer can provide more information about the strike system if you have further questions.
Understanding Probation for California Penal Code Section 273.5(a): Corporal Injury to a Spouse
Judges in California sometimes sentence individuals to probation instead of time in county jail or prison after a PC 273.5(a) conviction. The court uses two different forms of probation:
Summary (Misdemeanor) Probation
You may have to go on summary probation after a misdemeanor conviction. Typically, this form of probation lasts for one to three years. However, the court may change the length of time you spend on probation based on the facts of your case.
Formal (Felony) Probation
You may face formal probation if the prosecution charges you with a felony-level offense. This form of probation may last for five years in some cases. You often have to serve a year in county jail before becoming eligible.
Additionally, you may only qualify as a first-time offender if your case involves certain mitigating factors. Your criminal defense lawyer can provide more information about your specific situation.
What do You Have to Do While on Probation?
You’ll have to adhere to any probation conditions set forth by the court after a conviction for California Penal Code Section 273.5(a): Corporal Injury to a Spouse. The exact conditions associated with your probation will vary based on the decisions of the judge.
However, common conditions of probation in California include:
- Payment of a fine to the court
- Payment of restitution to the alleged victim
- Payment to a battered women’s shelter
- Attendance of a domestic violence class
- Completion of community service hours
- Compliance with any protective orders or restraining orders
As a condition of probation, you’ll likely have to meet regularly with a probation officer. The court assigns a probation officer to monitor your progress. Your probation conditions may also require you to seek employment and provide proof of residency.
You must not violate any laws as a condition of probation in California. Your domestic violence lawyer can explain all the legal penalties for a conviction, including probation, in more detail.
What Will Happen if You Violate Your Probation?
You must follow all the conditions of probation to avoid an accusation of violating your probation. A probation violation for California Penal Code Section 273.5(a): Corporal Injury to a Spouse can have major legal consequences in California.
Depending on your circumstances, you may:
- Have our period of probation extended
- Face harsher probation conditions
- End up sent back to county jail or prison
A Los Angeles probation violations lawyer can help if someone accuses you of breaking the terms of your probation. We’re ready to protect your future when you contact us for professional legal help.
Does a PC 273.5(a) Impact Your Gun Rights?
A conviction for corporal injury to a spouse can affect your right to own or purchase a firearm. You may lose your rights and have to give up any firearms you currently own after a conviction.
Refusal to follow this regulation can result in charges under California Penal Code Section 29800: Felon in Possession of a Firearm. A defense attorney with a strong record of success can help you address accusations involving your gun rights.
How Long does a Gun Ban Last?
California changed regulations regarding the loss of your gun rights in 2019 through AB 3129. Under this section of the law, you face a lifetime loss of your right to own or purchase firearms for both misdemeanor and felony convictions.
Will You Face a Restraining Order for PC 273.5(a) Charges?
You may find yourself facing a domestic violence restraining order after an accusation of corporal injury to a spouse. The court uses this kind of order to keep an individual from threatening, harassing, or harming someone else.
Individuals who violate this kind of order may face charges under Penal Code 273.6. The court system considers a violation of a restraining order as a misdemeanor-level offense, and a conviction under PC 273.6 can result in a year of jail time.
Who Can Request a Restraining Order?
Many different parties can request a restraining order. Typically, an alleged victim can request this kind of legal order against a:
- Domestic partner or spouse
- Someone they’re dating
- The parent of their child
- Another member of their household
Anyone in an intimate relationship who feels they’re in imminent danger may request this kind of order. You can reach out to a criminal defense lawyer if you find yourself facing this kind of order, which can restrict your movement in California.
How Long does a Restraining Order Last?
The length of a restraining order can vary based on the specific kind of order issued by the court. For example, a(n):
- Emergency protection order may last for up to a week
- Temporary restraining order may last for up to 25 days
- Permanent domestic violence restraining order may last for up to five years
You must obey the terms of these orders until they expire to avoid additional legal penalties.
What Are the Terms and Conditions of a Restraining Order?
The rules surrounding your restraining order may vary. Generally, the court will use these orders to prevent you from seeing another person. These orders may limit personal contact, social media interactions, or communication through e-mails, texts, and phone calls.
A restraining order may also order you to release property or pay either spousal support or child support.
Will a Restraining Order Impact Your Firearms?
Assembly Bill 818 allows the police to temporarily confiscate any firearms you have when they serve you with a domestic violence restraining order. Depending on the outcome of your legal case, you may lose your legal right to own or purchase guns.
Will a PC 273.5 Conviction Impact Custody of Your Children?
A conviction for corporal injury to a spouse can impact child custody decisions if you end up divorced or otherwise need to split custody of your children.
Convictions for domestic violence incidents may prevent you from seeing your children, so it’s essential to contact a lawyer for help in these situations.
An attorney can review the facts about your accusations and help if an intimate partner accuses you of offensive touching or another form of battery or assault. We can discuss legal defense strategies with you today.
Will California Penal Code Section 273.5(a): Corporal Injury to Spouse Lead to Deportation?
You may face imminent danger to your immigration status after a California Penal Code Section 273.5(a): Corporal Injury to a Spouse conviction. Convictions for domestic violence offenses can result in deportation in some cases as a crime of moral turpitude.
A Los Angeles immigrant law violations lawyer can provide you with more exact information about how a conviction could impact your ability to remain in the United States.
Domestic Violence Charges and PC 273.5(a)
As previously noted, corporal injury to a spouse is a form of domestic violence. PC 273.5(a) is also related to other criminal charges in Los Angeles. PC 273.5(a) is similar to charges of domestic battery.
However, individuals can be charged with domestic battery even if they do not harm someone else.
PC 273.5 (a) deals with acts of violence against intimate partners. Individuals could also face charges of domestic violence for harming their children. The court may also prosecute these cases under the following charges:
- California Penal Code Section 273(a): Child Endangerment
- California Penal Code Section 273(d): Child Abuse / Inflicting Physical Punishment On A Child
These charges could lead to time in county jail, imprisonment, fines, and other penalties. A criminal defense lawyer can help you face any of these accusations head-on to protect your future.
PC 273.5(a) and Legal Defenses in Los Angeles
Building a defense against an accusation of corporal injury to a spouse, domestic partner, or someone you’re in a dating relationship with is possible. A lawyer can review all possible legal defenses to PC 273.5(a) with you after an arrest. Our team may argue that:
Any Injuries Were Accidental
Individuals charged with PC 273.5(a) must intentionally harm an intimate partner to be convicted. Accidental injuries to a domestic partner should not lead to fines or mandatory imprisonment. You should only face a conviction if you acted willfully to cause harm.
You Faced False Allegations
Unfortunately, some people face false accusations of causing corporal injury to a spouse. Dealing with false charges for domestic violence can be very difficult. People may make false charges out of revenge, jealousy, or anger.
Your attorney can help you fight false allegations by collecting evidence that shows the accuser lied. For example, your lawyer may:
- Subpoena any text messages or emails that admit the lie
- Information from an accuser’s social networking accounts
- Provide information from interviews with the accuser’s co-workers, friends, or family
- Perform a background check on the accuser and any potential witnesses
Your lawyer can look for any signs of a hidden agenda. If we can show that you face false allegations, we may have a chance to get your charges reduced or dropped.
The Injuries Were a Result of Self-Defense
Individuals in Los Angeles are allowed to protect themselves or other people. Injuries caused while acting defensively should not lead to a conviction under PC 273.5(a).
Building a defense for charges of causing corporal injury to a spouse can be difficult without professional legal help. You can contact a criminal defense lawyer in Los Angeles to get advice if you face these charges.
Self-defense is a crucial defense when charged with corporal injury to a spouse in California. However, it would help if you were sure enough evidence supports your claim. The Simmrin Law Group will ensure you have the evidence to support this claim before advising you to make it in court.
What Is the Goal of Your Criminal Defense Lawyer?
Your criminal defense attorney works with the goal of resolving your charges successfully. Depending on your situation, this task may involve getting your charges reduced or dismissed. In other cases, it involves representing you in court in front of a judge and jury.
Our team works to establish reasonable doubt for clients like you. The jury should only convict you if the prosecution can prove beyond doubt that you intentionally and unlawfully took an action that caused a traumatic condition.
We’re ready to take charge of your legal needs today.
How do Lawyers Resolve PC 273.5(a) Accusations?
An attorney may explore several options to help you face charges for corporal injury to a spouse. Depending on your situation, our team may:
Get Your Charges Reduced
In some cases, the prosecution may agree to a plea bargain that reduces your charges. This situation requires you to plead guilty to a less serious charge. You will still face penalties, but they should be less severe than you would otherwise face.
Make sure that your lawyer reviews any deals offered by the prosecution. These deals are not always in your best interest.
Get Your Charges Dismissed
Your attorney may strive to get the court to dismiss your charges after an accusation of corporal injury to a spouse. You may have an easier time getting a charge dismissed after a first-time accusation of a domestic violence crime.
We may request a dismissal of your charges after blocking the prosecution’s evidence. The court may also dismiss a claim if a defense attorney can prove that the police violated your rights during their investigation of your charges.
Stand Up for You in Court
Your attorney can represent you in court and provide your defense before a judge and jury. Our team has a track record for aggressively assisting clients in your situation. We know how these charges can impact your life and help with all aspects of your defense.
Your Accuser May Refuse to Testify in Court
Sometimes, an individual recants an accusation of domestic violence. In this situation, the prosecution can continue with your case anyway. The prosecution does not require the assistance of your accuser to move forward with your charges.
However, the prosecutors have a much more difficult time securing a conviction if your spouse, domestic partner, fiance, or romantic partner refuses to testify. Typically, California’s hearsay rule means that statements made out of court cannot apply if your accuser fails to show up in court.
What Should You Do After a PC 273.5(a) Arrest?
Taking the right steps after an arrest under California Penal Code Section 273.5(a): Corporal Injury to Spouse can protect your future. The professionals generally recommend that you:
Avoid Discussing Your Charges with the Police
Police officers and prosecutors do not have your best interests in mind if you face charges for a criminal offense in Los Angeles. They primarily want to secure a conviction and may push you to comment on your situation so they can use your words against you.
Hire a Lawyer
We recommend that you politely request to speak with a lawyer immediately after an arrest and before discussing your charges. A lawyer can protect your best interests during any legal interviews and handle the prosecution on your behalf.
The Sixth Amendment of the Constitution guarantees you the right to legal representation. Exercise your rights by refusing to discuss your charges.
Politely Go Along with Legal Orders
The professionals recommend that you politely follow the orders given by police officers as long as they do not violate your legal rights. Avoid aggressive actions towards police officers to protect yourself from further criminal charges.
How Long does a PC 273.5(a) Charge Take to Resolve?
The time required to resolve a PC 273.5(a) accusation can vary greatly based on the facts surrounding the allegations. Typically, the prosecution must move forward with a claim quickly because of your right to a prompt hearing.
However, the court system may have a backlog that delays the process of your criminal case. Therefore, it’s challenging to estimate an exact time frame for your situation.
What Happens After an Arrest for Corporal Injury to a Spouse?
It’s natural to wonder what to expect after an arrest under PC 273.5(a) charges. The police may take you to jail after they arrest you and process you into the system. An attorney can help with:
Your Arraignment Hearing
The court will give you information about the specific charges you face at your arraignment hearing. You also enter your plea at this legal hearing. You can plead:
- Not guilty
- Guilty
- No contest
Your case ends immediately if you plead guilty or no contest. At this point, the court will decide on the penalties you face. Generally, lawyers recommend that you plead not guilty at your arraignment. Your attorney can represent you during this hearing.
Once you get specific information about the charges you face, your lawyer can move forward with the construction of your defense.
Your Bail Hearing (When Applicable)
The court may set up a bail hearing for you after an accusation of corporal injury to a spouse. During this hearing, the court decides how much money you have to pay for bail to stay out of jail until your criminal trial. Not everyone gets this kind of hearing after an arrest.
Your lawyer can push to secure a low bail payment on your behalf.
Note that committing a felony while on bail or release can have serious legal consequences, so it’s important to avoid unlawful acts while out on bail.
The Protection of Your Rights
Working with a lawyer means you have someone on your side and ready to protect your rights. Your lawyer can monitor police actions during an investigation to ensure they do not break the law when collecting evidence.
The court may dismiss any evidence obtained through illicit means.
A Lawyer Can Help with PC 273.5(a) Charges
Individuals charged under California Penal Code Section 273.5(a): Corporal Injury to a Spouse can end up in serious legal trouble. The Simmrin Law Group understands the challenges associated with beating a charge of PC 273.5(a).
Contact us for a FREE consultation today to learn more about this charge and possible defense.
You can call our office or complete our online contact form to learn more. Your freedom is on the line when you face criminal charges in California. Protect that freedom and your other rights by speaking with a criminal defense attorney in Los Angeles as soon as possible.