Los Angeles Domestic Violence Lawyer- CPC Section 273.5

California Penal Code Section 273.5 addresses the crime of inflicting bodily injury on your current or former spouse, a person with whom you live or have lived, or the mother or father of your child. In many instances, such charges arise from an incident that was highly emotionally charged and may actually be a he-said/she-said situation. However, the potential penalties and consequences are severe, and you should explore the following issues with a West Covina criminal lawyer.

The Basic Elements of 273.5

  • You inflicted corporal (that is, bodily) injury on the person;
  • You willfully inflicted the injury; and
  • That the injury resulted in a “traumatic condition.”

What the Prosecution Must Prove

There must be some sign of physical injury, but such injury can be very minimal, such as a scratch, redness, swelling, or bruising. “Willful” does not necessarily mean you intended to cause the injury; it merely means you committed an intentional act that resulted in the injury.

What if the other party withdraws the charges?

Typically, California will proceed with the prosecution. The state considers an allegation of domestic violence a crime against the state itself, as well as against the alleged victim.

What are the penalties?

273.5 is considered a wobbler, meaning the prosecution may file it as either a misdemeanor or felony. As such, the potential consequences vary widely. If convicted of felony 273.5, you face formal probation; up to two, three, or four years in state prison (and perhaps an additional three-, four-, or five-year term if great bodily harm was inflicted on the alleged victim); and a possible “strike” on your record.

Are there any defenses to 273.5?

Any defense that may be presented by your West Covina criminal lawyer will depend on the actual facts and circumstances of your case, but the most common affirmative defenses are self-defense, accident, and false accusation.

An allegation of a Section 273.5 violation is serious. Daniel Cota is a skilled West Covina criminal lawyer who can guide you through this difficult situation. You should not go at it alone. Mr. Cota may be contacted at (800)351-6860; call today for a free initial consultation

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