PC 273.5 – Corporal Injury to Spouse or Cohabitant
The California statute that makes it unlawful to inflict corporal injury on a former or current cohabitant, spouse, dating partner, or co-parent is Penal Code §273.5. Based on this statute, corporal injury refers to any physical injury inflicted on a person, whether it is a minor injury or a serious one. Under current law, this offense is considered a “wobbler”, which means the case can be filed as either a felony or a misdemeanor. This makes it extraordinarily important to seek proficient legal counsel when facing P.C. §273.5 charges. The experienced San Bernardino criminal defense attorneys at Milligan, Beswick, Levine & Knox, LLP can help.
The litigators at Milligan, Beswick, Levine & Knox, LLP have extensive experience in criminal defense. If you or someone you know has been arrested for this offense, it is critically important to obtain proficient legal support right away. With their prosecutorial experience, the litigators at Milligan, Beswick, Levine & Knox, LLP have a unique perspective that can provide an efficient defense. Consider obtaining a free confidential consultation with the highly esteemed law firm by calling (909) 894-0812 or filling out the confidential online form here.
Possible Penalties for Corporal Injury in California
Penal Code §273.5 is commonly referred to as domestic abuse, domestic violence, spousal abuse, or domestic battery. Examples of this can include punching or kicking a former cohabitant, pushing a partner, or violently grabbing a spouse. Since this type of offense is considered a wobbler, prosecutors have discretion as to whether to charge this case as a misdemeanor or a felony, which could depend on the specific facts of each case and the accused’s criminal record.
Depending on the case, potential penalties can include:
- Misdemeanor Conviction – Up to a year in county jail and/or a fine of up to $6,000.
- Felony Conviction – As a felony, the defendant may be sentenced to 2,3, or 4 years of state prison and/or a fine of up to $6,000.
If the case has been prosecuted as a felony, the conviction may carry additional penalties, including:
- Being subject to a Criminal Protective Oder by the Court, and
- The possible loss of professional licenses
Based on Assembly Bill 3129, which amended Penal Code §29805, anyone who has been convicted of domestic violence, whether the case was charged as a misdemeanor or felony, will be permanently prohibited from owning or possessing a firearm.
Further in both charges above, a criminal protective order can be issued against the defendant, leading to additional setbacks in both their personal and professional life. This is another reason it is extremely important to consult with an experienced attorney, and then determine the best course of defense for your case.
Discuss Your Case With a Skilled Criminal Defense Attorney Today
Penal Code §273.5 – Corporal Injury to Spouse or Cohabitant is a serious offense that could carry a lifetime of consequences. When arrested for this type of offense, it is very important to seek the legal advice of an experienced criminal defense attorney who can help you build a strong defense.
The criminal defense attorneys at Milligan, Beswick, Levine & Knox, LLP handle many complex misdemeanor and felony charges. The top-rated defense attorneys are recognized for their proficient and aggressive representation. If you have been charged with Penal Code §273.5, the attorneys at Milligan, Beswick, Levine & Knox, LLP will use their extensive knowledge and experience to advocate for your rights. Consider contacting the firm by dialing (909) 894-0812 or completing the confidential contact form here.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.