California’s domestic violence laws appear in Penal Code Section 273.5(a) PC. Under 273.5(a) PC, it is against the law to injure a cohabitant, spouse, or co-parent during an act of domestic violence.
These elements of domestic violence must be proved beyond a reasonable doubt in order for the prosecutor to win a 273.5(a) PC conviction:
- The defendant unlawfully and intentionally physically injured a former or current cohabitant, spouse, or co-parent.
- The defendant was not acting in self-defense when they injured the victim
- The victim has sustained a traumatic condition as a result of their injury
The legal definition of traumatic condition as it applies to 273.5(a) PC is any kind of bodily injury caused by direct physical force. It includes bruises, scrapes, wounds, and more serious injuries like breaks, fractures, etc. A cohabitant is someone who is more than just a roommate; often a romantic relationship or even friends who have lived together for a substantial amount of time.
What Does 273.5(a) PC Domestic Violence Look Like?
Two spouses are arguing about finances and how much money has been spent this month. Spouse A is extremely mad and wants to hurt Spouse B.
If Spouse A were to punch Spouse B, and the police attend the incident after the fact, then the police are likely to charge Spouse A with 273.5(a) PC domestic violence. This is because Spouse B has a large bruise or black eye, and the police can visibly see that a traumatic condition has been caused.
If Spouse A simply shoved Spouse B and the police attend the incident after the fact, then the police cannot charge Spouse A under 273.5(a) PC if Spouse A was not hurt. They may be able to charge Spouse A with domestic battery.
These examples apply no matter the gender or sexual orientation of the spouses. It also applies to relationships, civil partnerships, co-parents, and ex-relationships or spouses.
If the law enforcement officers or even the prosecutor are unable to charge the abuser under 273.5(a) PC, then they may charge them with one of the related offenses:
- Assault (240 PC)
- Battery (242 PC)
- Domestic Battery (243.1 PC)
- Battery Causing Serious Bodily Injury (243(d) PC)
Legal Defenses to a 273.5 (a) PC Charge
Your criminal defense lawyer will help you pick the best legal defense for a 273.5(a) PC charge. An effective legal defense in some domestic violence cases is self-defense. If the act in question was not domestic violence but a use of force in order to defend yourself or your children, this is a valid legal excuse.
It is vital to take 273.5(a) PC charges seriously, even if they are false accusations. They carry serious criminal penalties and may even have consequences for divorce proceedings or child custody and child support arrangements. Even if the accuser takes back their accusation, the police are legally required to continue with their charge, and the case will go to trial. You should hire a criminal defense attorney to help you with your case, even if the accusations are completely false.
Criminal Penalties of a 273.5(a) PC Charge
273.5(a) PC is considered a wobbler. That means it can be charged as either a misdemeanor or a felony, depending on the circumstances. The prosecutor will consider many circumstances when deciding whether to charge as a felony or misdemeanor, like:
- The victim’s injuries
- The level of force the defendant used
- The defendant’s criminal history
A felony charge of 273.5(a) PC can carry prison sentences of up to 4 years in prison, but more time may be added based on the severity of the injuries caused. This 273.5(a) PC conviction may influence any future convictions for similar offenses or be taken into account for other criminal offenses. As a convicted felon, the defendant would no longer be permitted to purchase or own a firearm.