The California Penal Code or California PC is a set of state statutes that describe a lot of criminal offenses and their penalties. Offenses such as homicide, theft, assault and many more are covered here. How about 273.5(a) PC? What does it mean? What is the punishment for violating California PC 273.5(a)? Here is the explanation about 273.5(a).
Crime Included in California Penal Code Section 273.5(a)
The Crime described in California PC Section 273.5(a) is injuring spouse, cohabitant, or fellow parent in an act of domestic violence or it is also called domestic violence, domestic abuse, spousal abuse or domestic battery.
Here is what California Penal Code Section 273.5(a) says:
273.5. (a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment.
According to the Kraut Law Group, if you want to prove that someone committed this crime, there are several elements that need to be established. Those are listed below.
- The perpetrator deliberately did a physical injury on their current former spouse, cohabitant or child’s parent.
- The corporal injury makes a traumatic condition.
- The perpetrator did not do it with the aim of self-defense.
In the second point above, it is mentioned that the corporal injury caused a traumatic condition. A traumatic condition here means a wound or other injury on the body of the victim where it is minor or serious which is caused by the physical force. Cited from Kann California Law Group, a traumatic condition is defined by Penal Code 273.5 as a condition of the body, such as a wound, or internal or external injury, where those include, but not limited to, injury as result of suffocation or strangulation, whether it is minor or serious nature caused by physical force. In the second point above, it is also mentioned about “corporal injury” which means the use of violent force on the body of the victim where it is usually caused by acts such as hitting, slapping, kicking, punching, biting, or pushing.
For example, there is a husband who punches his wife and it makes her rib broken. Or, there is a wife who pushes her husband until he has bruises. These are some examples of corporal injury so that it is a domestic violence.
Self Defense in Acts of Physical Harm
When an act of physical harm happens in a domestic violence, can the victim defend themselves for their safety? Everyone who is injured by a perpetrator can defend themselves and it is allowed. In domestic violence cases, there is a right of self-defense because it is reasonable for someone, in this case the spouse, to protect themselves or their children by using physical force.
Punishment for This Case
What is the punishment for corporal injury in this kind of case? As explained on the Kraut Law Group, prosecutors will usually review the level of harm or force that is used. Besides, prosecutors will also review the other things such as the defendant’s criminal history, and other factual circumstances when they decide whether they need to file felony or misdemeanor charges.
However, as explained in the 273.5(a) PC, the perpetrators of this crime can be imprisoned in the state prison for two, three, or four years, or in a county jail for not more than one year. Or, they are able to be fined up to six thousand dollars ($6,000), or they are able to be fined and also imprisoned.
In addition, people who are sentenced because of PC 273.5 will be prohibited to have a firearm under California law and for life under federal law.
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