1-800-929-0451
Recognized by Northern California Super Lawyer Magazine 2 years in a row
  • Team of Bay Area Criminal Defense Attorneys Working Together
  • Attorneys On Call Days and Evenings, Reasonable Fees
  • 25 Years Bay Area Courtroom Experience
  • Former Prosecutors and Police Officer on Your Side
  • Harvard, Berkeley and Hastings Attorneys
Bay Area Criminal Lawyers
Free Criminal Law Advice Immigration Deportation Attorney San Francisco

PENAL CODE 273.5 (PC 273.5)
Domestic Violence

 

The California Penal Code defines Domestic Violence with the following description:

 

"Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony..."

 

Basically, PC 273.5 requires some kind of bodily injury to be inflicted on a person with whom the defendant currently has, or previously had, a domestic relationship. The offense is sometimes referred to as

 

  • Domestic Abuse
  • Spousal Abuse
  • Spousal Battery

 

The Infliction of Corporal Injury

 

Inflicting corporal injury under Penal Code 273.5 means a willful use of violent force. Examples would include hitting, punching, kicking, slapping or pushing. By willful, the statute means that the force must be done deliberately, as opposed to accidentally. An accidental shove, in the course of trying to get away from someone, for example, would not be a "willful" infliction of force.

 

Domestic Violence Injury Requirements

 

Penal Code 273.5 PC requires that the defendant produce a traumatic condition for the victim. This means "a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force." The key is that there must be some visible injury on the person's body. The injury could range from a minor scratch, redness, swelling or bruising to a very serious injury such as a broken nose or a concussion.

 

The typical Penal Code 273.5 PC case starts with a heated argument that becomes physical. The alleged victim (or a neighbor) calls 911 and summons the police. Officers arrive and take a statement from the victim alleging that some sort of violence was used against him/her.

 

The officers examine the victim to see if a visible injury (or "traumatic condition") can be observed. If so, it is protocol to photograph the injury on the scene. The photos, along with the officers' report, are sent to the prosecutor's office to be used as evidence in court.

 

Only a very slight injury is necessary to make a Penal Code 273.5 PC case. If no injuries can be observed, the prosecutor can still file charges under Penal Code 243(e)(1). This a similar California domestic violence statute, but one that does not require a visible injury. On the other hand, if a very serious injury is sustained, the prosecutor can file a 273.5 PC charge along with a "great bodily injury" enhancement. This makes the case more serious, and the potential jail or prison time much longer.

 

Other Penal Codes for Domestic Violence

 

  • CA Penal Code 242 PC242) : Battery - any willful or unlawful use of force or violence upon the person of another.
  • CA Penal Code 243 (e) PC 243(e) : Battery against a spouse, cohabitant, parent of the defendant's children etc.
  • CA Penal Code 240 PC240 : Assault - an unlawful attempt, coupled with a present ability to commit a violent injury etc.
  • CA Penal Code 136.1 PC136.1 : intimidation of victims and witnesses.

 

Call Us Day or Night

Attorneys On Call, Days and Evenings
1-800-929-0451
All emails and conversations are private and confidential.
Top San Francisco Criminal Attorneys, BBB A+
San Francisco Super Lawyers

Domestic Violence: Not Guilty

Summit Defense Attorney Kimberly Lutes-Koths secures Not Guilty Verdict in Domestic Violence trial.

 

Domestic Violence: Case Dismissed

Santa Clara County Summit Defense client arrested for Felony Domestic Violence, facing 3 years. Case Dismissed.

 

Domestic Violence: Summit Defense Seeking Dismissals

US Supreme Court upholds 6th amendment confrontation clause. Summit Defense agressively seeking dismissals for clients accused of domestic violence.

 

Double-Murder

Attorney Mario Andrews wins Double Murder Trial

 

Marin Independent Journal

Summit Defense Attorney beats manslaughter charge at trial.


Contra Costa Times

Attorney Rabin Nabizadeh fights Terrorist Threat Charges in Oakland Bomb Scare Case


Sacramento Bee

Charges Dropped After Summit Defense Helps Client in Burglaries Case


New York Times

Summit Defense Represents Defendant in Hewlett-Packard Pretexting Case

 

 

 

 


Summit Defense Attorneys

Criminal Defense Attorneys in San Jose, San Francisco and Surrounding Communities

Summit Defense Attorneys – San Jose
map and directions
2570 N 1st Street, 2nd Floor
San Jose, CA 95131
Phone: 408-333-9622
Summit Defense Attorneys – San Francisco
map & directions
580 California Street, 12th Floor
San Francisco, CA 94104
Phone: 415-666-2316
Summit Defense Attorneys – Pleasanton
map & directions
6200 Stoneridge Mall Road, Suite 300
Pleasanton, CA 94588
Phone: 925-218-4730
Summit Defense Attorneys – Burlingame
map & directions
533 Airport Blvd, Suite 400
Burlingame, CA 94010
Phone: 650-763-8766
Summit Defense Attorneys – Marin
map & directions
4040 Civic Center Drive, Suite 200
San Rafael, CA 94903
Phone: 415-524-7717
Summit Defense Attorneys – Oakland
map & directions
1970 Broadway, Suite 1145
Oakland, CA 94612
Phone: 510-352-1450
Summit Defense Attorneys – Richmond
map & directions
146 Washington Avenue, Suite D
Richmond, CA 94801
Phone: 510-412-8900
Summit Defense Attorneys – Sacramento
map & directions
770 L St #950
Sacramento, CA 95814
Phone: 916-830-0061