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California Penal Code 273.5 PC Felony Domestic Violence

What are the factors or elements of 273.5 PC Felony Domestic Violence?

The California crime of “willful infliction of corporal injury on an intimate partner” is a serious California domestic violence crime and that is why it is usually charged as a felony. There is a great legislative effort to make the prosecution of Domestic Violence crimes a very high priority in California. Click Here to read More. 

Penal Code 273.5 PC describes the crime of corporal injury on an intimate partner—which may also be referred to as:

  • Domestic violence,
  • Domestic abuse,
  • Willful infliction of corporal injury,
  • Intentional infliction of corporal injury, and/or
  • Spousal abuse.

In order to be guilty of willful/intentional infliction of corporal injury, you must:

  1. Willfully inflict a physical injury on an intimate partner, and
  2. As a result, cause a “traumatic condition” in that person.
  3. Under Penal Code 273.5 PC, an “intimate partner” very broadly means someone who is:
  • The defendant’s spouse or former spouse,
  • The defendant’s cohabitant or former cohabitant
  • The defendant’s fiancé(e) or former fiancé(e)
  • A person with whom the defendant has or used to have a dating relationship, or
  • The father or mother of the defendant’s child.

The requirement that the victim suffer some kind of concrete physical injury distinguishes the crime of corporal injury on an intimate partner from the less-serious domestic violence offense of Penal Code 243(e)(1) PC domestic battery

Legal Consequences:

How Can We Defend You Against Charges of 273.5 PC Felony Domestic Violence?

Willful infliction of corporal injury is what is known as a wobbler in California law. This means that it may be charged as either a California misdemeanor or a California felony, depending on several factors such as:

  • The defendant’s criminal history
  • The injury and degree of trauma itself
  • The facts of the case:

If it is charged as a misdemeanor, Penal Code 273.5 carries a potential sentence of up to one (1) year in county jail, and/or a fine of up to six thousand dollars ($6,000).

And if it is charged as a felony, the defendant may face two (2), three (3), or four (4) years in California state prison.

Additionally,  a charge of felony domestic violence may lead to adverse immigration consequences for those who are not U.S. Citizens.

Contact Us:

We have been successfully defending clients facing all types of criminal charges in Sonoma & Marin Counties and throughout the entire north bay since 1992.  Just recently one of our attorneys obtained a full jury acquittal in a Domestic Violence case, Result Number 18 on our list of case results, which are linked below:

http://northbaylegaldefense.com/case-results

The Top 100 Trial Lawyers  has recognized us as one of the best criminal defense attorneys in the country!

Avvo Profile Link:

https://www.avvo.com/attorneys/95405-ca-michael-fiumara-109708.html

Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.

Don’t bargain with your freedom! “The right attorney makes all the difference” between your freedom and incarceration!

Please CLICK HERE to visit our dedicated page on domestic violence charges for more info. 

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Case Results

  • DUI- REDUCED
  • DOMESTIC VIOLENCE- REDUCED
  • POSSESSION OF METH- DISMISSED
  • FELONY ARSON- RESOLVED
  • RESISTING ARREST- RESOLVED
  • POSSESSION OF MARIJUANA- REDUCED
  • PROBATION VIOLATION- RESOLVED
  • POSSESSION OF COCAINE- REDUCED
  • CONCEALED WEAPON- DISMISSED
  • DRUNK IN PUBLIC- RESOLVED
  • JUVENILE DRUG/WEAPON- RESOLVED
  • FELONY RAPE- REDUCED
  • DUI- Hung Jury
  • SOLICITATION OF PROSTITUTE- DIVERSION
  • POLICE EVADING- REDUCED
  • DUI- REDUCED
  • DOMESTIC VIOLENCE- REDUCED
  • FURNISHING ALCOHOL/MINOR- RESOLVED
  • RESISTING ARREST- DISMISSED
  • ACCIDENT DUI- DISMISSED
  • CANNABIS CHARGES- REDUCED
  • DOMESTIC VIOLENCE- DISMISSED
  • DRUNK IN PUBLIC- DISMISSED
  • PUBLIC INTOXICATION- DISMISSED
  • JUVENILE CASE- DISMISSED
  • PROSTITUTION SOLICITATION- DISMISSED
  • ASSAULT & BATTERY- DISMISSED
  • ARSON- RESOLVED
  • PETTY THEFT- COMMUNITY SERVICE
  • POSSESSION OF NARCOTICS- DISMISSED
  • FELONY MARIJUANA- MISDEMEANOR
  • FELONY WEAPONS POSS.- REDUCED
  • Felony Assault - JURY ACQUITTAL
  • Domestic Violence - JURY ACQUITTAL
  • Felonies - REDUCED to 1 MISD.
  • Felonies - REDUCED to 1 MISD. NO JAIL
  • Sex Felonies - REDUCED/NO JAIL
  • Prostitution - DIVERSION/NO JAIL
  • 2nd Theft - DISMISSED
  • Drug Felonies - NO JAIL
  • Driving Misd - REDUCED TO INFRACTION
  • Resisting Arrest - DISMISSED
  • Juvenile Sex Felonies - DIVERSION
  • Multi-ED CODE Charges - REMAIN IN SCHOOL
  • 3 VOP'S - ALL DISMISSED
  • 1st Degree Burglary - REDUCED

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