Corporal Injury : PC 273.5 & Domestic Battery : 243(e)(1)
DOMESTIC VIOLENCE BATTERY CHARGES
Corporal Injury - PC 273.5 and Domestic Battery - PC 243(e)(1) are both crimes of domestic violence in California. For a detailed overview of what makes a charge a domestic violence charge, and what the consequences are, please read our article on them, here.
What makes these charges domestic violence?
Domestic violence, as defined by PC 13700, only means that the alleged victim of the crime is in intimate partner - someone who you had a relationship with in the past or present, whether that relationship was one of dating, domestic partnership, marriage, someone you had a child with, or simply someone you lived with. Domestic violence is only a marker of that relationship, and not a description of the crime itself.
What is a battery?
Both Corporal Injury - PC 273.5 and Domestic Battery - PC 243(e)(1) involve the commission of a “battery”. In California, a battery is defined by PC 242 as a willful and unlawful use of force on another person. All of the elements must be proved to convict a person of a battery, which means it must be proved that the act was: willful, unlawful, and that force was used.
Willful means it must be proved that the force was not a mere accident
Unlawful means it was unconsented to, harmful, or offensive.
The use of force required for a battery charge can be as small as a touch. It can also be accomplished by touching a person with an object, such as throwing an object.
PC 243(e)(1) : DOMESTIC BATTERY
What is a Domestic Battery?
Under 243(e)(1), a domestic battery is a misdemeanor. Because this is a battery charge, to be convicted of a domestic battery under 243(e)(1), all of the elements of a battery that are listed above must be proved. So it must be proven beyond a reasonable doubt that there was a willful and unlawful use of force against another person. Additionally, because it is a domestic battery, it must also be proved that there was intimate partner relationship. You can read more about who qualifies as an intimate partner here.
Do they have to prove an injury to convict me of Domestic Battery under PC 243(e)(1)?
No. Unlike PC 273.5, Corporal Injury (listed below), this crime does not require any injury. As long as there was an unlawful use of force applied, no matter how small the force/touch to that person was, that is sufficient to charge a domestic battery.
PC 273.5 : CORPORAL INJURY TO A SPOUSE OR COHABITANT
What is corporal injury?
PC 273.5 is the statute that makes Corporal Injury to a spouse or cohabitant a crime; this crime is commonly known as a domestic battery resulting in an injury. Because it is a domestic battery, all the elements of a domestic battery charge listed above must be proved, as well as the fact that there was an injury. The injury does not need to be significant to charge this offense.
Is 273.5 Corporal Injury a misdemeanor or felony?
This offense is a “wobbler” meaning that it can be charged as either a felony or a misdemeanor depending on the alleged injuries to the victim. The type of injury required for this type of charge can be as slight as a temporary mark that remains after a person was touched or hit. However, the more serious the injury, the more likely it is that it could be charged as a felony.
WHAT HAPPENS IF YOU ARE CONVICTED OF DOMESTIC BATTERY?
What are the consequences of a conviction for 243(e)(1) domestic battery or 273.5 : Corporal Injury to a Spouse or Cohabitant?
A conviction for either of these offenses will come with significant consequences, and some of these consequences are a mandatory part of the punishment if you are convicted of either charge. Read more about happens when you are convicted of a crime here.
Here are some of the possible consequences:
jail or prison time
community service
probation
fines
restitution
domestic violence classes
a protective order for the victim
loss of your rights to possess a firearm
an effect on a professional license you have in your field of work
You can read more about the mandatory consequences of a domestic violence charge here.
Jail or Prison Time
The most serious consequence for conviction of either of these crimes is incarceration. Jail is a possibility whether these are charged as a misdemeanor or a felony. On a misdemeanor, the maximum amount of jail time is one year. For a felony, the prison sentence could be for several years. That amount is also subject to increase if you have previously been convicted of an assault or battery charge before, or if you were charged and found to have committed any enhancements along with the domestic battery charge.
Effect on Professional License
If you work in certain professional fields, or fields with a licensing requirement, a domestic violence charge can have an impact on your ability to work. This can impact people in the medical or legal field, as well as professions where you work with vulnerable adults or children. A conviction for this charge would also appear on a background check, unless you have it removed from your record.
Other Mandatory Consequences
Community service, probation, fines, domestic violence classes, a protective order, and a loss of your firearms rights are all mandatory consequences of a domestic violence conviction. Read more about the other mandatory consequences on this list here under “Mandatory consequences of Domestic violence convictions”.
WHAT CAN I DO ABOUT A DOMESTIC BATTERY CHARGE?
What should I do if I am accused of domestic battery or corporal injury?
If you are being accused of a crime, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.
What should I do if I am charged with domestic battery or corporal injury?
If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Read more about what to do if you have been arrested here, or charged with a crime here.
What if the alleged victim wants to drop the charges against me?
We have addressed this issue in detail in our article, here. However, the short answer is that the alleged victim cannot make the charges go away. Only the district attorney has control over whether or not charges will be filed, and you will need an attorney’s help to fight them on that. That being said, we can work with the district attorney to stop them from filing charges against you, and tell you how the victim’s participation, or lack thereof, in the case against you can impact your case.
