Penal Code Section 273.5(a) PC: The Text
California Penal Code Section 273.5(a) PC makes it illegal to injure a spouse, cohabitant or fellow parent in an act of domestic violence. This offense is also referred to as domestic abuse, domestic violence, or corporal injury to a spouse. Here is the text of the law:
Penal Code Section 273.5(a) PC: Explanation
PC 273.5(a) forbids individuals from causing a 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 Series Girlfriend or Boyfriend
The parent of an individual’s child will also be considered an intimate partner under PC 273.5(a). Any act that causes physical harm can be viewed as a corporal injury in the state of California.
- California Penal Code Section 243(e) – Domestic Battery
- California Penal Code Section 243(d) – Battery Causing Serious Bodily Injury
- California Penal Code Section 273a – Child Endangerment
- California Penal Code Section 368 – Elder Abuse
- California Penal Code Section 240 – Assault
- California Penal Code Section 242 – Battery
Penal Code Section 273.5(a) PC: Punishments
The Penal Code Section 273.5(a) PC has the potential punishment of Imprisonment for a term of two, three, or four years, or up to one year in the county jail and a maximum fine amount of six thousand dollars. This crime is charged as a felony.
The prosecutor must “beyond a reasonable doubt” prove the following elements in order to obtain a guilty verdict in this case:
- The defendant willfully inflicted corporal injury
- On a spouse, ex-spouse, cohabitant, or the mother or father of his or her child
- The corporal injury resulted in a “traumatic condition”
- The defendant did not inflict the injury during an act of self-defense or defense of others.
Penal Code Section 273.5(a) PC: Legal Defenses
Building a defense against an accusation of corporal injury to a spouse is possible. Possible legal defenses to PC 273.5(a) can include arguing that:
- Injuries Were Accidental
- The Accusations are False
- The Injuries Were a Result of Self-Defense
Building a defense for charges of causing corporal injury to a spouse can be difficult without professional legal help. If you, or a loved one, has a case related to California Penal Code Section 273.5(a), make sure to contact us through the number (818) 855-2115 or the form below for a Free Case Evaluation.