Corporal Injury to a Spouse or Cohabitant PC 273.5

A disagreement is one thing. But when someone ends up hurt, serious criminal charges may result. If you’re facing a charge of corporal injury to a spouse or cohabitant (PC 273.5), make no mistake — you’re in legal hot water.

Fortunately, the team at our San Diego criminal defense firm can help you fight these charges. Talk with an attorney at Elite Criminal Defense if you are charged with corporal injury to a spouse or cohabitant.

California Penal Code Section 273.5 – Corporal Injury to Spouse

California law designates corporal injury to a spouse or cohabitant as using willful physical force to inflict a physical injury that results in a traumatic condition. The alleged victim in this case can be a spouse, roommate, dating partner, parent, or the other parent of your child.

Other related charges may also be filed against you if you are facing these charges. Talk to a trusted law firm about your options to avoid these charges and others, along with other penalties you could face like jail time or a protective order.

Who Is Considered an ‘Intimate Partner’?

California law recognizes that not every partner involved in domestic violence cases is a spouse. In some cases, state law mentions an intimate partner, but what does that mean for you?

An intimate partner refers to any person you have an intimate relationship with. That includes a spouse, co-parent of a child, and a cohabitant for a significant period of time, potentially among others.

  • Paying fines
  • Giving financial restitution to the alleged victim
  • Community service
  • Going to a year-long class on domestic violence
  • A short time in jail
  • Compliance with a strict restraining order
  • Following all California laws
What is probation, and why would I want probation instead of serving time in jail?

Probation can allow you to essentially skip your jail sentence and live in your home with certain strict guidelines. Any violations of the conditions of your probation, however, can land you behind bars.

While it’s not the same as getting your charge dismissed completely, probation can be a preferable alternative to time in jail or prison.

How long will I be on probation if I am placed on probation for violating PC 273.5?

The length of your probation will depend on the specifics of your case. For example, probation for felonies can go on for much longer than probation for misdemeanors.

As a rule of thumb, probation for a misdemeanor corporal injury on a spouse charge can last for one to three years. And probation for the felony version can last for three to five years.

What is a corporal injury on a spouse?

A corporal injury typically refers to a visible or noticeable injury. Often, these are bruises, scratches, broken bones, facial injuries, and head trauma, such as a concussion. However, that does not mean all corporal injuries are visible. For example, the alleged victim may claim you kicked them in the stomach, and now they are suffering internal bleeding and severe pain.

What does it mean to inflict corporal injury on a spouse or cohabitant?

To inflict corporal injury on a spouse or cohabitant means to cause some form of notable bodily harm. That may include surface injuries, such as a scratch or bruise, or severe or even life-threatening injuries, such as internal organ damage.

If you have been accused of harming your spouse in this way, our attorneys are ready to help. We understand how devastating these accusations can be and are here to help you fight this charge.

What if I am placed on probation and I violate any of the terms of my probation?

A violation of your probation can have serious negative consequences. You may be subjected to a probation hearing, and if that doesn’t go in your favor, you could be left to finish your sentence or part of it behind bars. You may also be subjected to high fines.


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