California Penal Code 273.5 makes it a crime to willfully inflict a physical injury — called a “traumatic condition” — on a spouse, cohabitant, dating partner, or the parent of your child. It is one of California’s primary domestic violence statutes, and it is a “wobbler,” meaning prosecutors can charge it as either a felony or a misdemeanor.
A felony conviction under PC 273.5 carries up to four years in state prison. A misdemeanor carries up to one year in county jail. But the consequences reach well beyond a possible jail sentence — a conviction brings a firearm ban, a criminal protective order that can remove you from your home, and, for noncitizens, the risk of deportation. Understanding what the statute actually requires, and what a conviction costs, is the first step in responding to the charge.
Attorney Anthony J. Nuñes handles domestic violence defense from offices in La Mirada and Santa Ana. This article explains Penal Code 273.5 — its elements, penalties, collateral consequences, and defenses. It provides general information only, not legal advice — every case requires individual evaluation.
What Is Penal Code 273.5?
Penal Code 273.5 prohibits willfully inflicting corporal injury that results in a traumatic condition on an intimate partner. The offense is commonly called corporal injury to a spouse, spousal abuse, or domestic abuse, and it is charged when an act of domestic violence causes an actual physical injury.
The requirement of an actual injury is what separates PC 273.5 from California’s other main domestic violence statute, domestic battery under Penal Code 243(e)(1). Domestic battery covers any offensive or unwanted touching of an intimate partner, even when no injury results. PC 273.5 is more serious because it requires that the physical force actually caused a traumatic condition.
A “traumatic condition” means any wound or bodily injury — whether of a minor or serious nature — caused by physical force. Under Penal Code Section 273.5, this can be an external or internal injury, and it does not have to be severe. Visible bruising, swelling, or a minor cut is enough to satisfy this element. The statute also expressly includes injuries resulting from strangulation or suffocation, meaning impeding someone’s breathing or blood circulation by applying pressure to the throat or neck.
Who Does Penal Code 273.5 Apply To?
Penal Code 273.5 applies only when the injured person has a specific domestic relationship with the accused. The statute covers the following relationships:
The offender’s spouse or former spouse; the offender’s cohabitant or former cohabitant; a spouse or partner in a registered domestic partnership; the offender’s fiancé or fiancée, or someone with whom the offender has or previously had an engagement or dating relationship; and the mother or father of the offender’s child.
The term “cohabitant” means more than a roommate. It describes two people living together for a substantial period in a relationship, rather than people who simply share an address. If the relationship between the accused and the alleged victim does not fit one of these categories, the conduct may be charged under a different statute, but not under PC 273.5.
What Must the Prosecution Prove?
To convict someone under Penal Code 273.5, the prosecutor must prove four elements beyond a reasonable doubt:
- The defendant willfully and unlawfully inflicted a physical injury on another person.
- The injured person was the defendant’s current or former spouse, cohabitant, dating partner, or co-parent.
- The injury resulted in a traumatic condition.
- The defendant did not act in self-defense or in defense of another person.
“Willfully” means the defendant acted on purpose. It does not require that the defendant intended to cause an injury or break the law — only that the criminal act itself was intentional. This distinction matters, because it shapes several of the defenses discussed below. Because willfulness is a required element of 273.5 PC, proving that the defendant lacked the intent to commit the act — for example, that an injury was a genuine accident — can lead to a reduction or dismissal of the charge.
What Are the Penalties for Penal Code 273.5?
Penal Code 273.5 is a wobbler, so the penalties depend on whether the prosecutor charges the case as a misdemeanor or a felony. That decision turns on factors including the severity of the injury and the defendant’s criminal history.
Misdemeanor Penalties
A misdemeanor conviction carries up to one year in county jail and a fine of up to $6,000. In many cases, the court may grant summary (informal) probation instead of, or in addition to, jail time.
Felony Penalties
A felony conviction carries two, three, or four years in California state prison and a fine of up to $6,000. The court may grant formal (felony) probation in some cases, depending on the circumstances and the defendant’s record. When felony probation is granted, it typically lasts three to five years and comes with strict conditions the defendant must follow.
Enhanced Penalties for Prior Convictions
If the defendant has one prior conviction within the previous seven years — under PC 273.5 or specified battery and assault offenses — the penalties increase to imprisonment in the state prison for up to five years and a fine of up to ten thousand dollars ($10,000). This sentencing enhancement for acts occurring within seven years of a previous conviction makes a defendant’s criminal history one of the most important factors in a domestic violence case.
Great Bodily Injury Enhancement
If the victim suffered “great bodily injury,” meaning a significant or substantial physical injury, the court can add a sentencing enhancement under Penal Code 12022.7. This enhancement adds a consecutive three, four, or five years to the prison sentence.
Collateral Consequences Beyond Jail
A PC 273.5 conviction carries consequences that continue long after any jail sentence ends. Many people facing this charge do not realize how far these consequences reach.
A conviction results in a firearm ban. Under Penal Code 29805, a misdemeanor conviction prohibits firearm possession for ten years, and a felony conviction results in a lifetime ban under both state and federal law. The court is also required to consider issuing a criminal protective order upon conviction, which can be valid for up to ten years and can bar contact with the victim — potentially removing you from your home and restricting contact with your children.
If the court grants probation, California law (Penal Code 1203.097) requires a mandatory 52-week batterer’s intervention program, along with other conditions. The sentencing court will also typically order the defendant to pay victim restitution — reimbursing the injured person for reasonable expenses such as medical costs and counseling connected to the offense. And for noncitizens, the immigration consequences are severe: a PC 273.5 domestic violence conviction is considered a crime of moral turpitude and a deportable offense under federal immigration law. A conviction can lead to deportation even for someone with no prior criminal record. If you are not a U.S. citizen, it is critical to understand how the charge interacts with your immigration status — our article on how a criminal charge can affect your immigration status in California explains the crossover in detail.
What Are the Defenses to a Penal Code 273.5 Charge?
Being charged under Penal Code 273.5 does not mean a conviction is inevitable. The prosecution must prove every element beyond a reasonable doubt, and several defenses may apply depending on the facts.
Common defenses include self-defense or defense of another person, where the force used was a response to a threat. Another is that the injury was an accident rather than a willful act. False accusations are also a real factor in domestic violence cases, particularly in the context of contested divorces or child custody disputes, where one party may have a motive to fabricate or exaggerate. A defense may also challenge whether a genuine “traumatic condition” existed at all — if there was no actual injury, the appropriate charge may be the lesser offense of domestic battery under PC 243(e)(1) rather than PC 273.5. Finally, if the relationship between the parties does not meet the statute’s definition, PC 273.5 does not apply.
One point causes frequent confusion. A PC 273.5 charge is not automatically dropped simply because the alleged victim recants, changes their story, or says they do not want to press charges. In California, the prosecutor — not the victim — decides whether to move forward with the case. For a full explanation of how this works, see our article on whether domestic violence charges can be dropped in California.
Why the Details of a PC 273.5 Charge Matter
A domestic violence charge under Penal Code 273.5 puts more at stake than a possible jail sentence. It reaches into your right to own a firearm, your ability to remain in your home, your relationship with your children, and — if you are not a citizen — your ability to stay in the United States. Because the statute is a wobbler with a wide range of possible outcomes, the difference between a felony and a misdemeanor, or between a conviction and a reduced charge, often depends on how the case is handled from the start.
An attorney can evaluate the specific facts, identify which defenses apply, and work to reduce or resolve the charge before the most serious consequences take hold. Attorney Nuñes handles both criminal defense and immigration matters, which is particularly relevant when a domestic violence charge carries immigration consequences for a noncitizen.
Frequently Asked Questions
Is Penal Code 273.5 a felony or a misdemeanor?
Penal Code 273.5 is a wobbler, meaning it can be charged as either a felony or a misdemeanor. The decision depends on factors such as the severity of the injury and the defendant’s criminal history. A felony conviction carries up to four years in state prison, while a misdemeanor carries up to one year in county jail. Both can include a fine of up to $6,000.
What is the difference between PC 273.5 and domestic battery (PC 243(e)(1))?
The key difference is injury. Penal Code 273.5 requires that the defendant caused an actual physical injury, or “traumatic condition,” to an intimate partner. Domestic battery under PC 243(e)(1) requires only an offensive or unwanted touching and does not require any injury. Because it requires an injury, PC 273.5 is the more serious charge.
What is a “traumatic condition” under PC 273.5?
A traumatic condition is any wound or bodily injury, whether minor or serious, caused by physical force. It includes injuries from strangulation or suffocation. The injury does not need to be severe — even visible bruising or swelling can satisfy this element of the offense.
Can a PC 273.5 charge be dropped if the victim doesn’t want to press charges?
No. In California, the prosecutor decides whether to pursue a domestic violence charge, not the alleged victim. A case is not automatically dismissed because the victim recants, changes their statement, or does not want to testify. Prosecutors regularly proceed with these cases even when the alleged victim is uncooperative.
Does a PC 273.5 conviction affect gun rights?
Yes. Under Penal Code 29805, a misdemeanor conviction for corporal injury to a spouse results in a ten-year firearm ban. A felony conviction results in a lifetime firearm ban under both California and federal law.
Can I be deported for a PC 273.5 conviction?
Yes. Penal Code 273.5 is considered a crime of moral turpitude and a deportable domestic violence offense under federal immigration law. A noncitizen can face deportation based on a conviction even without any prior criminal history, which makes early legal advice essential for anyone who is not a U.S. citizen.
Talk to an Orange County Domestic Violence Defense Attorney
If you have been charged under Penal Code 273.5 in Orange County, the consequences reach beyond a possible jail sentence — into your gun rights, your housing, your immigration status, and your relationship with your children. An early evaluation of the charge can identify defenses and opportunities to reduce or resolve the case before those consequences take hold.
Contact the Law Office of Anthony J. Nuñes at (714) 404-3131 to schedule a consultation. Attorney Nuñes handles criminal defense and domestic violence cases from offices in La Mirada and Santa Ana, serving clients throughout Orange County including Anaheim, Garden Grove, and Fullerton.
This article provides general information about California Penal Code 273.5. It is not legal advice. Every domestic violence case involves unique facts, charging decisions, and consequences that require individual evaluation by a qualified attorney.