Domestic Battery Causing Traumatic Injury PC 273.5(a) (Penal Code 273.5(a))
Crime: Domestic Battery Causing Traumatic Injury
Code Section: Penal Code 273.5(a) (click here to view the statute)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=273.5.
Related CALCRIM: 840
PC 273.5(a) Brief Summary:
Penal Code 273.5(a) is an extremely common charge in domestic violence cases. The charge applies when a person inflicts an injury on a spouse, cohabitant, dating partner, or fellow parent. A “traumatic condition” can be any physical injury that is inflicted on another person, whether minor or serious. Penal Code 273.5(a) can be charged as either a felony or as a misdemeanor. Generally, the felony charge is reserved for cases that involve more serious injuries or conduct, or in cases where the defendant has a criminal history or a pattern of domestic violence. The misdemeanor charge on the other hand is more often charged when the conduct is less serious and the defendant has little to no criminal record.
PC 273.5(a) Elements:
To prove someone guilty of this crime, the government must prove:
- The defendant willfully and unlawfully inflicted a physical injury on a current or former spouse/cohabitant/dating partner/parent of the defendant’s child;
- The injury inflicted by the defendant resulted in a traumatic condition;
- The defendant did not act in self-defense.
PC 273.5(a) Punishment:
The punishment for a felony violation of Penal Code 273.5(a) is two, three, or four years in state prison. On the other hand, the maximum exposure as a misdemeanor is up to a year in county jail. Probation can be granted for this offense if the defendant is not sentenced to prison. A mandatory 52-week batterer’s treatment program is required if probation is granted. Other fines, fees, and possible probation terms could be applied. Penal Code 273.5(a) is a priorable offense, meaning that any convictions of PC 273.5(a) on your record within the last seven years can be used against you in the future if you were later convicted of a similar offense.
PC 273.5(a) Lesser Included Offenses:
A lesser included offense is one that contains all of the elements of the charged offense, but for which the consequences are less severe. Typically, a conviction for a lesser included offense only occurs when there is no conviction for the more serious offense. An attempt is often times a lesser included offense to a charged offense and occurs when the defendant intended and tried to commit the charged offense, but for whatever reason, was unable to finish committing that crime. The following are lesser included offenses for Penal Code 273.5(a):
- Penal Code 240-Simple Assault
- Penal Code 242-Battery
- Penal Code 243(e)(1)-Domestic Battery
PC 273.5(a) Related Charges:
- Penal Code 240-Simple Assault
- Penal Code 242-Battery
- Penal Code 243(e)(1)-Domestic Battery
- Penal Code 245(a)(4)-Assault
- Penal Code 273.5(f)-Domestic Violence With A Prior
- Penal Code 273.6(a)-Violating A Protective Order
Charged with domestic violence?