--- title: "PC 273.5 - Corporal injury to spouse or cohabitant" description: "PC 273.5 punishes corporal injury to a spouse or cohabitant as a felony wobbler. See the penalties, prior-conviction enhancements, and defenses." url: "https://www.thehfirm.com/penal-codes/pc-273-5-corporal-injury-to-spouse-or-c" site: "H Law Group" --- # PC 273.5 - Corporal injury to spouse or cohabitant PC 273.5 punishes corporal injury to a spouse or cohabitant as a felony wobbler. See the penalties, prior-conviction enhancements, and defenses. Topics: Domestic Violence, Penal Code ## **California Penal Code 273.5: Corporal Injury to a Spouse or Cohabitant** Penal Code 273.5 is the charge prosecutors file when a domestic violence incident leaves a mark. Unlike simple domestic battery, PC 273.5 requires an actual injury, even a minor one, and California treats it as a felony-level offense from the start. If you've been arrested under this section, the district attorney's office in Los Angeles County typically files quickly and pushes for a protective order at arraignment, often before you've had a real chance to tell your side of the story. ## **What the Law Actually Says** The core of the statute is short. Subsection (a) provides: > "Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony." Subdivision (b) defines who counts as a qualifying victim: a current or former spouse, a current or former cohabitant, a fiancé or fiancée, someone the defendant is dating or previously dated, or the other parent of the defendant's child. This is broader than most people expect. You don't need to be married or living together for PC 273.5 to apply. The statute also defines the injury requirement in subdivision (d): > "Traumatic condition" means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by a physical force," including injuries caused by strangulation or suffocation. That last part matters. The 2024 amendment to the statute made clear that applying pressure to someone's throat or neck, even without leaving visible bruising, can satisfy the traumatic condition element on its own. ## **Elements Prosecutors Must Prove** To convict someone under PC 273.5, the prosecution has to prove each of the following beyond a reasonable doubt: - The defendant willfully inflicted physical force on the alleged victim. - The alleged victim is a current or former spouse, cohabitant, fiancé(e), dating partner, or co-parent of the defendant's child. - The physical force caused a traumatic condition, meaning some observable injury to the body, no matter how minor. - The defendant did not act in self-defense or in defense of another person. The injury threshold is genuinely low. Prosecutors have charged this offense over a small bruise, a scratch, or a red mark that faded within a day. The severity of the injury affects sentencing and charging decisions, but it doesn't have to be severe to support a conviction. ## **Wobbler: How the Charge Gets Decided** PC 273.5 is commonly described as a wobbler because the sentencing structure gives judges the option of county jail time instead of state prison, even though the statute labels the offense a felony. Whether the case actually gets resolved as felony-level punishment or something closer to a misdemeanor outcome depends heavily on: - The severity and visibility of the injury - Whether the defendant has prior domestic violence convictions - Whether a weapon was involved - The alleged victim's account and whether they want to pursue the case - The defendant's overall criminal history ## **Penalties Upon Conviction** A first-time conviction under PC 273.5(a) carries: - Imprisonment in state prison for two, three, or four years, or in county jail for up to one year - A fine of up to $6,000 - Both the fine and imprisonment, at the court's discretion If the defendant has a prior conviction under this section, or under related domestic violence statutes, within the preceding seven years, the exposure increases under subdivision (f)(1): - County jail for up to one year, or state prison for two, four, or five years - A fine of up to $10,000 When probation is granted to a defendant with priors, the law requires a mandatory minimum period of actual custody: at least 15 days for one prior conviction within seven years, and at least 60 days for two or more prior convictions within that period. Courts also routinely issue criminal protective orders in PC 273.5 cases, which can remain in effect for up to 15 years. These orders are separate from any civil restraining order the alleged victim may seek through family court, and violating one is its own crime under [PC 273.6](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=273.6.&lawCode=PEN). ## **Common Defenses** Because the statute hinges on willfulness, the relationship between the parties, and the existence of a traumatic condition, several defense strategies come up repeatedly in these cases: - Self-defense or defense of another person during a mutual altercation - The injury was accidental rather than the result of a willful act - The alleged victim doesn't meet the statute's relationship requirement (for example, a roommate with no romantic history) - The injury was fabricated, exaggerated, or predates the incident - Insufficient evidence connecting the defendant to the injury, particularly in cases built on a 911 call with no independent witnesses Because these cases often turn on one person's word against another's, early investigation, including photographs, medical records, and witness statements, can make a significant difference in how the case is resolved. ## **Related Offenses** PC 273.5 frequently overlaps with, or gets charged alongside, other domestic violence statutes: - [PC 243(e)(1) - Domestic battery](/penal-codes/pc-243-e-1--domestic-battery), the misdemeanor-only charge used when no injury occurs - [PC 422 - Criminal threats](/penal-codes/pc-422-criminal-threats), often added when the incident included a verbal threat of harm - [PC 166 / 273.6 - Violating a protective order](/penal-codes/pc-166-273-6-violating-a-protectiverestraining-order), relevant if a restraining order was already in place before the incident ## **Frequently Asked Questions** ### Is PC 273.5 always a felony? The statute labels it a felony, but the sentencing scheme allows a judge to impose county jail time instead of state prison. In practice, prosecutors and defense attorneys often refer to it as a wobbler because the ultimate outcome can look more like a misdemeanor case, depending on the facts and the defendant's record. ### Do I need visible bruising for this charge to stick? No. The law only requires a "traumatic condition," which can be a minor injury like a scratch, redness, or swelling. Strangulation or suffocation can qualify even without external marks. ### Can the alleged victim drop the charges? No. Once the district attorney's office files charges, the case belongs to the state, not the alleged victim. A victim can decline to cooperate or ask the DA to dismiss the case, but the decision to proceed rests with the prosecutor. ### What happens if this isn't my first domestic violence charge? Prior convictions within the past seven years increase both the potential prison term and the fine, and they trigger mandatory minimum jail time if probation is granted. Prior convictions also make a felony disposition far more likely. ### Will a conviction affect my ability to own a firearm? Yes. A felony conviction under PC 273.5 results in a lifetime firearm ban under both California and federal law. ## Related California penal codes - [PC 243(e)(1) - Domestic Battery](https://www.thehfirm.com/penal-codes/pc-243-e-1--domestic-battery) - [PC 422 - Criminal Threats](https://www.thehfirm.com/penal-codes/pc-422-criminal-threats) - [PC 273.6 - Violating a Protective or Restraining Order](https://www.thehfirm.com/penal-codes/pc-166-273-6-violating-a-protectiverestraining-order) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.