This California Penal Code states that it is illegal to inflict corporal injury on cohabitants, dating partners, spouses or co-parents. Corporal injury is a physical injury, and it is illegal to inflict even minor corporal injuries. Depending on the circumstances, the crime may be prosecuted as a felony or a misdemeanor. In the legal community, we call this a wobbler. This crime is often called domestic abuse, spousal abuse, domestic violence, or domestic battery.
The law provides the following penalties for felonious corporal injury:
- State prison for 2, 3, or 4 years
- Fine of up to $6,000
- Both imprisonment and a fine
A misdemeanor conviction would carry the following penalties:
- County jail for less than a year
- A fine of up to $6,000
- Both imprisonment and a fine
What Is the Difference Between PC 273.5 and PC 243(e)?
California Penal Code Section 2439e) is similar because it deals with domestic battery against the same people that PC 273.5 does. The main difference is 243(e) is a use of force or violence that does not necessarily result in injury. 273.5, on the other hand, is where a visible traumatic injury has been inflicted. Therefore if police are called and see somebody with a broken nose or broken arm, then they will arrest the perpetrator for PC 273.5.
The injury to the victim does not need to be serious; bruising or sprains will still mean the perpetrator is charged with domestic violence. Often the prosecutor will consider the extent and severity of the injuries when deciding whether to charge the perpetrator with a felony or a misdemeanor.
Can the victim drop charges?
No, once the police are involved, the victim cannot drop domestic violence charges. The case is with the District Attorney and only they can decide to drop charges.
An example of a PC 273.5
A married couple gets into a heated argument about their finances. During the argument, one of the couple uses physical force, such as pushing or punching their spouse, giving them a black eye and bleeding nose. The police are called, and while looking into the matter, the police notice the injuries of one of the spouses. The injuries would allow the police to arrest the other spouse for domestic violence.
PC273.5 wording requires the physical force to be willful and result in a corporal injury that causes a traumatic condition to the victim. Therefore, the above example is textbook.
Prosecuting Domestic Violence Cases
A prosecutor will need to prove 4 elements beyond a reasonable doubt to convict someone under California Penal Code 273.5:
- That the corporal injury the defendant inflicted was willful
- The victim was a cohabitant, spouse, a parent to their child, or ex-spouse
- The injury resulted in a traumatic condition
- The defendant was not acting in self-defense or defending others when the injury occurred
All four elements must be present. We will dive a little deeper into what each element means.
Willful Corporal Injury
The defendant does not need to intend to break the law or commit a crime; the intention required by the law is just to hit or make violent contact with the other person. If the defendant intended to hit their spouse in the nose but did not intend to break their nose, there is still intent enough to convict the defendant.
The injury needs to be caused by the defendant, not because the victim was injured while trying to escape the defendant. If the victim fell down a set of stairs to escape the defendant, but the defendant never hit them, then there is no intent. This precedent was set in the 2000 case of People v. Jackson.
The Victim Must Be a Cohabitant
The legal definition of cohabitant is two people who are not related but are in a stable relationship and live together. The relationship appears to be intended to be long-term, and the couple cohabitates in a similar manner to spouses. To prove this, the court will accept proof of:
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- Owning shared property
- Sharing financial responsibility for bills and other living expenses
- Sexual intercourse while living together
- The duration of a relationship (both the total duration and uninterrupted duration)
- Statements that indicate that the relationship is serious and they are cohabitating in a manner that the law would see between spouses
The law also recognizes that someone may have more than one relationship and therefore may be a cohabitant in multiple relationships if the relationships are continual, long-term partnership and they reside in the houses.
If the victim and defendant are no longer in a relationship or do not cohabitate, then the co-parent relationship only requires the child to be shared by these people in the eyes of the law. A father can also be charged with this if they no longer have parental rights to the kid.
In a 1998 case, People v. Ward, the court ruled that this law does not apply to a biological father hitting a pregnant woman if they do not live together and have no other children together. This is because in the eyes of the law they do not yet co-parent. If they do cohabitate or are current or former spouses, then it will apply.
Cause a Traumatic Condition
The court is required to explain the legal definition of traumatic condition to the jury so they can understand what must be present. A traumatic condition includes all injuries or wounds to the body, from minor to severe. It includes internal injuries and bruising or other damage caused by suffocation or strangulation. The law does not require the injury to be severe, all injuries, even minor ones count.
The traumatic condition must not be out of the ordinary, it must be a reasonable result of using that type of force against someone ie. Causing bruises when strangling someone or causing a broken jaw when punching someone in the jaw. The prosecutor must prove the following:
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- That the traumatic condition would not exist if not for the injury
- That the injury was a direct factor in the traumatic condition and had a substantial factor in causing the traumatic condition, even if there were other elements at play.
Does PC 273.5 Cover Repeat Offenses?
If a defendant physically abused their spouse on a number of occasions over the course of a few days, then they can still be found guilty, even if it is impossible to tell which occasion caused the corporal injury and traumatic condition. The prosecution does not even have to prove that there was one specific act that caused the injuries, just that injuries occurred from at least one of the acts. If there is evidence to support each of the events, then the defendant can be charged for as many events as the prosecutor can prove.
Similar Offenses
- Battery against cohabitant, parent, or spouse
- Simple assault
- Battery as a misdemeanor
- Attempted infliction of corporal injury on a spouse