Corporal Injury to a Spouse or Cohabitant

What Is Corporal Injury to a Spouse or Cohabitant in California?

California Penal Code 273.5 (PC) makes it a crime to willfully inflict a traumatic condition on an intimate partner through the use of force, including:

• Kicking
• Punching
• Slapping
• Throwing an object at someone
• Injuring someone through physical restraint

What is a Traumatic Condition Under California Law?

Under 273.5(d) (PC) a “traumatic condition” is defined as “a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force.” The injury does not need to be debilitating —it can include even relatively minor harm, such as:

• Bruises
• Cuts
• Scratches
• Swelling
• Black eyes
• Sprains
• Bite marks
• Reddened skin

When Does Corporal Injury to a Spouse or Cohabitant Apply?

This charge differs from battery in that these violent actions are taken by a romantic or sexual partner, such as a:

• Spouse
• Fiance
• Boyfriend or girlfriend
• Ex
• Co-parent of your child

Non-romantic or sexual cohabitants are not covered under 273.5 (PC).

What Happens After a Corporal Injury Arrest in Vista?

If officers investigating a suspected domestic violence incident observe visible injuries or believe one party suffered a traumatic condition, they will almost always arrest the person they believe to be the primary aggressor. Individuals arrested by the San Diego County Sheriff’s Department in North County are typically booked at the Vista Sheriff’s Station and Detention Facility², located across the street from attorney Peter M. Liss’ law office. Those arrested by local police departments are generally booked at their respective stations.

The alleged victim will be given medical treatment, if necessary, and an Emergency Protective Order prohibiting contact for the next seven days.

After booking, prosecutors will review medical records, photos, witness statements, officer observations, and body camera footage to determine which charges, if any, are warranted. If they decide to file charges under 273.5 (PC), they will also need to decide whether to file them as a misdemeanor or felony.

The victim may seek a longer restraining order in court³, or the judge at the arraignment may issue a Criminal Protective Order of their own accord.

A defense attorney can start helping clients even at this early stage. They can seek to lower or eliminate bail at the arraignment, help you fight the permanent restraining order, and provide evidence to the District Attorney to minimize the charges against you. In some cases, if they can provide credible evidence that you acted in self-defense or were wrongly accused, your defense lawyer may even be able to have corporal injury allegations dismissed before they are formally filed.

Is 273.5 (PC) a Felony or Misdemeanor?

Corporal injury of a spouse or cohabitant is a wobbler offense, meaning it is punishable as either a misdemeanor or a felony, depending on the circumstances.

What are the Penalties for Corporal Injury in California?

As a misdemeanor, corporal injury on a spouse is punishable by up to one year in county jail, while the crime can carry a four-year state prison sentence if charged as a felony. Those with a prior conviction can face up to five years in prison, while those who caused great bodily injury can have an additional three years added to their sentence.

Some defendants may qualify for probation or a diversion program, which can help them avoid jail or prison.

Additionally, a conviction can also result in mandatory:

• Fines
• Victim restitution payments
• Enrollment in a batterer’s intervention program
• Anger management classes
• Community service
• Drug/alcohol treatment programs

“When the alleged victim suffers great bodily injury, a felony conviction for corporal injury can also result in a strike being added to your criminal record,” explains lawyer Peter Liss.

Can a Minor Injury Lead to a Felony?

Yes. Even a minor injury can still result in felony-level charges under 273.5 (PC).

“In San Diego, prosecutors almost always file these offenses as felonies, regardless of the severity of the injury,” explains Liss. “However, they are sometimes open to reducing the charges to a misdemeanor or even domestic battery charges if the injury was minor and the defendant has a clean criminal record.”

Corporal Injury to a Spouse vs. Domestic Battery: What’s the Difference?

A common question people have about domestic violence allegations is how the two most common charges differ from one another. Essentially, corporal injury to a spouse or cohabitant is more serious than domestic battery because it can apply whenever someone is injured, even minorly.

Corporal injury is a wobbler that can be a misdemeanor or felony, while domestic battery can only be filed as a misdemeanor. As a result, domestic battery is punishable by no more than one year in jail, while corporal injury to a spouse or cohabitant is punishable by one year when charged as a misdemeanor, or up to four years in prison when filed as a felony.

Put simply:

Defenses to a 273.5 (PC) Charges

You can beat corporal injury allegations in California, but only with the help of a skilled defense attorney. Here are some of the best ways to fight these allegations:

• Challenging a lack of evidence
• Arguing the alleged victim made false allegations against you
• Agreeing that you injured the alleged victim —but only in self-defense
• Claiming you were not in a relationship with the alleged victim

“While these defenses can be effective in these charges, each situation is unique,” warns Mr. Liss. “Attempting the wrong defense could actually harm your case.” For example, if you claim self-defense, but witnesses state the alleged victim never made any threats or attempts to harm you, this could be seen as a confession instead.

Note that some defenses may help you avoid a corporal injury to a spouse or cohabitant conviction, but still leave you subject to other charges. For example, if you could not be convicted of corporal injury because you were not in a relationship with the alleged victim, you could still be charged with battery.

Can a 273.5 (PC) Charge Be Reduced or Dismissed?

In some cases, you may not be able to fight the charges entirely, but your lawyer can negotiate for reduced charges or penalties through a plea bargain. It is common for defense attorneys to get these charges lowered to simple battery, which is only punishable by up to six months in jail, or domestic battery, which has a maximum penalty of one year in jail.

In some cases, you may even qualify for a diversion program, which can allow you to avoid jail and keep the offense off of your record.

Crimes Filed Alongside Corporal Injury

Domestic violence charges include a number of criminal offenses aside from corporal injury to a spouse and domestic battery. Those arrested for these crimes may also be charged with:

• Making criminal threats
• Stalking
• Violating a restraining order
• Domestic violence vandalism
• Making threatening phone calls

If you face multiple offenses, your attorney may be able to get some of the charges dropped, reducing your potential penalties.

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