California law defines corporal injury to a spouse as the willful infliction of physical harm to a spouse or intimate partner. California law is strict when dealing with domestic violence crimes. If law enforcement officers respond to a domestic disturbance where they believe there is probable cause that you committed the offense, you will be arrested and charged under PC 273.5.

The stakes are high for defendants facing charges of inflicting corporal injury on a spouse. The consequences of a conviction for this offense go beyond jail time and fines. Even after serving your time, you must deal with your criminal record. Although there are ways to avoid the collateral consequences of your conviction, you must undergo a lengthy and tiresome legal process to expunge the record or seek a Certificate of Rehabilitation.

Hiring and retaining a skilled criminal lawyer is best when facing a domestic violence charge. At California Criminal Lawyer Group, we will work hard to protect your rights and guide a solid defense for your case. We serve clients seeking legal advice and representation to navigate criminal charges in Fresno, CA.

Understanding California Penal Code 273.5

Charges for corporal injury to a spouse arise when you willfully inflict physical wounds on a spouse or cohabitant. The elements of the crime that the prosecution must prove for a conviction in your case include:

You Willfully Inflicted Injury on Another Person

The prosecution must prove that your actions against the alleged victim were deliberate before you are guilty of violating PC 273.5. The court does not require the trial to show your intent to break the law when you acted.

The Victim of your Actions was an Intimate Partner

Your actions would constitute a corporal injury to a spouse if you inflicted the injuries on an intimate partner. Under this statute, an intimate partner may be any of the following individuals:

  • Current or former spouse.
  • Domestic partner.
  • Cohabitant.
  • Parent of your child.
  • A person with whom you have a dating relationship.

The court considers various factors when determining whether you and the alleged victim should be considered intimate partners. These factors include:

  • Whether or not you shared living expenses.
  • The nature of sexual activities between you and the alleged victim.
  • Whether or not your relationship with the victim was continuous.
  • The length of your relationship.

The Victim Suffered a Traumatic Condition

Another element that the prosecution must prove when establishing your guilt under this statute is that the victim suffered a traumatic condition. A traumatic condition is any bodily injury or wound caused by applying force against the victim. Injuries that count as traumatic conditions include:

  • Concussions.
  • Broken bones.
  • Bruises.
  • Sprains.
  • Injuries from strangulation or suffocation.

The Traumatic Condition Resulted from the Force You Applied to the Victim

You will be found guilty of corporal injury on a cohabitant if the victim's injuries directly resulted from your actions. A traumatic condition results from an injury if:

  • The traumatic condition is a probable and natural result of the damage.
  • The condition would not exist without the injury.

Sentencing and Punishment for Corporal Injury on a Spouse

A violation of California Penal Code 273.5 is a wobbler. A wobbler is an offense that attracts misdemeanor or felony charges. Although the prosecution has the discretion to determine the type of charge they want to file, the following factors could impact their decision:

  • Your criminal history. California law is strict on repeat offenders. Being a repeat offender indicates a disregard for the law and an inability to rehabilitate. Under these circumstances, the prosecution will file a felony charge and pursue the harshest possible penalty for your crime.
  • The severity of the offense. Corporal injury on a spouse involves inflicting traumatic injuries on someone else. The severity of your crime will be determined by the extent of the injuries you caused to the alleged victim. If your spouse suffered life-threatening injuries, the prosecution could file a felony charge against you.
  • Strength of the prosecutor’s case. A felony conviction for corporal injury on a spouse will require more convincing evidence from the court. If the prosecutor has a weak case with insufficient evidence, they may file misdemeanor charges, which are easier to prove and secure a conviction.

When charged as a felony, a violation of PC 273.5 attracts the following penalties:

  • A prison sentence ranging from two, three, or four years.
  • Fines not exceeding $6,000.
  • Felony probation.

If you are a first-time offender and the victim did not suffer a severe injury, you could face a misdemeanor conviction. The penalties for this case include:

  • A jail sentence of up to one year.
  • A maximum of $6,000 in fines.
  • Informal probation.

Repeat Offender Enhancement

You risk facing harsher penalties for corporal injury on a spouse if you are a repeat offender. The repeat offender penalty enhancement will apply if you were convicted of the following offenses within the past seven years:

  • Corporal injury on a spouse.
  • Assault with caustic chemicals.
  • Assault with a firearm.
  • Sexual battery.
  • Assault causing serious bodily injury.

With a prior conviction under Penal Code 273.5, your felony conviction will result in a prison sentence of up to five years. Additionally, your fines will be increased to a maximum of $10,000. On the other hand, your sentence under PC 273.5 will increase to up to four years if you have a prior conviction for felony or misdemeanor battery.

Great Bodily Injury Enhancement

Under California law, great bodily injury is any significant injury greater than moderate or minor harm. If you cause serious injury to your spouse, the court will impose a great physical injury enhancement in your case. Under Penal Code 12022.7, significant bodily injury could include broken bones, spinal cord injury, severe burns, and gunshot wounds.

The victim’s injuries do not need to be permanent for you to receive this enhancement. The significant bodily injury enhancement will increase your sentence to three, four, or five years in state prison.

Three Strikes Law Enhancement

When charged as a felony, corporal injury on a spouse is a strike under California's Three Strikes Law. If you already have a 'strike' on your record, the PC 273.5 conviction can result in a prison sentence double the maximum punishment for the crime. For defendants on a third strike, the potential punishment for the conviction is 25 years to life.

Firearm Ban

In California, a convicted felon cannot legally own, carry, or use a firearm. Therefore, if you are convicted of a felony violation of Penal Code 273.5, you must surrender your guns to law enforcement officers. The firearm ban after a conviction for inflicting corporal injury on a spouse lasts up to ten years.

Immigration Consequences

Inflicting corporal injury on a cohabitant is both a violent felony and a crime of moral turpitude. These categories of offenses have negative immigration consequences. For immigrants facing charges under PC 273.5, there is an added fear of losing their immigration status. The immigration consequences of a conviction for inflicting corporal injury on a spouse include the following:

  • Deportation. Under California law, deportation involves forceful removal from the United States. Immigration and Customs Enforcement could begin deportation proceedings immediately after your arrest. Therefore, having a skilled criminal lawyer by your side could help negate these consequences.
  • Inadmissibility. If you are rendered inadmissible in the United States after committing a domestic violence crime, you cannot re-enter the country when you leave. Additionally, you cannot apply for a readjustment of your immigration status.

Domestic Violence Course

After a conviction for inflicting corporal injury on a cohabitant, the court may order that you attend a domestic violence court that lasts up to 52 weeks. This requires you to attend the classes once a week for the entire year. Failure to complete the domestic violence class could result in jail time.

Probation for Violation of California Penal Code 273.5

If you are convicted of violating PC 273.5, the court could suspend your jail or prison sentence and impose probation. Probation could be formal or informal, depending on the nature of your charges. Formal probation lasts three to five years and is imposed after a felony conviction. For a misdemeanor conviction, you will receive informal probation.

A probation sentence allows you to spend some of your jail or prison sentence outside of incarceration. Not all defendants facing charges for corporal injury on a spouse are eligible for probation. The court will consider your criminal history and the mitigating factors in your case before sending you on probation.

Serving a probation sentence allows you to move on with your life and avoid the trauma associated with incarceration. For most people, probation is not automatic. Instead, your defense attorney must negotiate with the prosecution for this sentence. The court attaches the following conditions to domestic violence probation:

  • Reporting to a probation officer or court. If you are sentenced to felony probation, the court appoints a probation officer to monitor your progress. Throughout the probation period, you must report to the probation officer. You must report your progress to the court for defendants on misdemeanor probation.
  • Payment of fines. If the court imposes a fine as part of your punishment, you must pay all your fines to satisfy the probation sentence.
  • Victim restitution. In addition to incarceration and court fines, the court may order you to pay restitution to your spouse. Restitution is the money paid to a victim of violence to cover the treatment of their injuries.
  • Community service. Although probation allows you to stay out of jail, you will be committed to performing community service throughout the probation sentence.
  • Avoid criminal conduct. A probation sentence helps you avoid incarceration while maintaining the victim's integrity. During your probation period, you must avoid engaging in criminal behavior.
  • Domestic violence restraining order. The court may issue a restraining order against you after a conviction for inflicting corporal injury on a spouse. The restraining order prevents you from contacting the victim of your crime.

Failure to comply with the probation conditions can result in an arrest. A law enforcement officer or probation officer can report a violation. The court will schedule a probation violation hearing, which you must attend.

At this hearing, the prosecution will prove how you violated your probation. You have a right to legal representation for the probation violation hearing, and your attorney can defend you against the allegations. The judge can take the following steps against you if you violate your probation:

  • Reinstate probation with harsher conditions.
  • Increase the length of your probation period.
  • Revoke your probation and send you to jail.

Legal Defenses Against Penal Code 273.5 Charges

You can use the following defenses to avoid a conviction for inflicting corporal injury on a cohabitant in California:

You Acted in self-defense or Defense of Others

You have a right to defend yourself from foreseeable harm in California. When you face charges for inflicting injury on a cohabitant or spouse, you can argue that you were defending yourself. A self-defense argument will only be effective in your case under the following circumstances:

  • You believed that you or another person was in danger of suffering severe bodily injury.
  • You believed your actions were necessary to protect yourself or others from danger.
  • The amount of force you used was necessary for protection and not to harm the other person.

The Injury was Accidental

The prosecution must prove you willfully inflicted injury on the alleged victim to secure a conviction. You can avoid a conviction for this crime by arguing that your actions against your cohabitant or spouse were accidental.

Consent

Sometimes, a spouse could be injured during a sporting activity or a consensual sexual act. In this case, the prosecution cannot prove your willfulness or intent to harm the victim. Injuries resulting from consensual acts will not result in a conviction for violating Penal Code 273.5.

Mutual Combat

When a physical altercation happens between cohabitants or intimate partners, one person may decide to file criminal charges for domestic violence. You can use this defense to avoid a conviction if the alleged victim sustained the injuries during mutual combat.

False Allegations

Corporal injury to a spouse is a domestic violence crime. In California, false allegations are common in many domestic violence cases. A person could falsely accuse you of a crime for several reasons, including anger, revenge, or a strained relationship.

Sometimes, false allegations of domestic violence arise during a divorce and custody battle. Before awarding child custody and visitation, the family court judge will assess the criminal history of each parent. A domestic violence conviction could portray you badly, giving the other parent the upper hand in the custody battle.

With the guidance of a knowledgeable defense attorney, you can uncover false allegations and avoid the consequences of a conviction.

Expunging a Conviction for Corporal Injury on a Spouse

The consequences of a domestic violence conviction go beyond incarceration and fines. When a conviction for corporal injury to a spouse enters your criminal record, it can impact multiple aspects of your life. This includes:

  • Difficulty securing and retaining employment.
  • Loss of a professional license.
  • Difficulty securing admission to an institution of higher learning.
  • Ruined Reputation.
  • Loss of child custody.

Under California Penal Code 1203.4, expungement is a legal proceeding that allows you to avoid the collateral consequences of your conviction. When you petition the court for an expungement, you must file all the necessary documents and submit the petition to the court where you were convicted.

Before attending the expungement hearing, you can notify the prosecution of your intentions and seek their support for your petition. You will qualify to expunge your PC 273.5 conviction when you meet the following eligibility criteria:

  • You have completed your probation. Sometimes, the court will sentence you to probation as an alternative to incarceration for domestic violence. Before you file a petition for expungement, you must have completed your probation period and followed through with all the probation conditions.
  • You are not serving a sentence or on probation for another crime. Committing a crime while on probation is a serious violation. Additionally, you cannot expunge your record if you are currently serving a sentence for a subsequent offense.

Expunging your PC 273.5 conviction allows you to answer ‘no’ when asked about prior convictions and arrests. Although expunging a conviction does not erase it from the record, employers, landlords, and professional licensing boards cannot use it against you.

Offenses Related to Corporal Injury to a Spouse

The prosecution can introduce the following related offenses to your case when you face charges for inflicting corporal injury on a cohabitant:

Child Endangerment

Under California Penal Code 273(a), child endangerment occurs when you place a minor in circumstances that could cause unjustifiable injury or suffering. You could be charged with corporal injury to a spouse and child endangerment if your altercation with your spouse endangered the child’s safety.

Elements of child endangerment include:

  • You willfully allowed a child to suffer unjustifiable pain or suffering.
  • You placed or permitted a child under your custody to be placed in a dangerous situation. You can be charged with child endangerment even if you are not the person who endangered the child’s life. As a parent or guardian, you are responsible for ensuring the child’s safety. Allowing someone else to harm them will result in criminal charges.
  • You acted with criminal negligence. Under California law, criminal negligence is more than ordinary carelessness or a mistake of judgment. Your actions will be considered criminally negligent if you disregard the safety of others.
  • You were not disciplining the child.

Child endangerment is a wobbler, meaning the prosecution can file a misdemeanor or felony charge against you. A felony conviction under POC 273(a) will result in a prison sentence of up to six years. As a misdemeanor, child endangerment is punishable by a jail sentence of up to one year.

Child Abuse

You commit a crime of child abuse when you willfully inflict cruel punishment on a person under the age of eighteen. Child abuse could be physical, mental, or sexual, depending on the circumstances. When you face child abuse charges under PC 273(d), the prosecution must prove that you inflicted a punishment that caused a traumatic injury on the victim.

Although parents can discipline their children as they see fit, excessive force against a child is criminal. Common acts that constitute child abuse include:

  • Punching.
  • Burning.
  • Shaking.
  • Hitting.
  • Choking.

Individuals who cause harm to children are treated harshly under California law. Therefore, your conviction under POC 273(d) can result in severe legal and collateral consequences. Your prior convictions for child abuse and domestic violence could impact your sentence for this crime.

Domestic Battery

California PC 243(e)(1) defines domestic battery as violence against an intimate partner. In this case, the intimate partner could be your child's spouse, cohabitant, or parent. Unlike corporal injury to a spouse, a victim of your crime does not need to suffer injuries for you to be charged with spousal battery.

Slight offensive touching can result in criminal charges and a conviction under this statute. Domestic battery is charged as a misdemeanor, and a conviction will see you spend up to one year in jail. Sometimes, you can avoid incarceration through informal probation.

While on probation, you must attend a batterer’s intervention program and undergo counseling to prevent similar conduct in the future.

Find a Reliable Criminal Lawyer Near Me

You could be arrested and charged under PC 273.5 if you inflict serious injury on a spouse or cohabitant. Corporal injury to a spouse is a domestic violence crime that attracts serious consequences. Whether you face a felony or a misdemeanor conviction, you will face incarceration and hefty fines.

Additionally, the conviction leaves a criminal record that can be challenging to shake off. When a person performs a background check on you and finds a conviction, they can use it to discriminate against you. This could ruin your personal and professional lives.

Not all arrests for corporal injury to a spouse will result in a conviction. Sometimes, these cases are based on false allegations, mistakes of fact, or exaggerations. Therefore, you can fight the charges and avoid the negative consequences of a conviction.

Your choice of legal representation can make a difference in the outcome of your case. At California Criminal Lawyer Group, we offer top-notch legal guidance for all our clients battling domestic violence charges in Fresno, CA. Contact us today at 559-712-8377 for a consultation.