Orange County Spousal Abuse Attorney
Penal Code 273.5 PC – Corporal Injury Charges
In California, penal code 273.5 PC punishes those who are found guilty of spousal abuse, battery, corporal injury, domestic abuse, and/or domestic violence. Those accused of domestic violence in California can face a misdemeanor or a felony charge depending upon the specifics of their case.
Unlike some crimes, victims of domestic abuse are often unable to “drop the charges” against you after an investigation has begun. Violators can expect prosecutors to pursue maximum penalties even if the alleged victim reverses his or her statements.
Domestic violence arrests usually occur following a loud verbal argument that becomes a physical altercation. The victim or someone who overhears the fight calls the police and a police officer arrives to take a statement from the alleged victim.
If the officer identifies any injury, they will then begin to photograph the injury and the area in which the injury occurred. A 273.5 PC domestic violence case can be made from the smallest of injuries and are very difficult to dismiss once the process of obtaining evidence has begun.
Penalties for PC 273.5 Violations
As previously stated, a criminal conviction for violation of Penal Code 273.5 can result in a misdemeanor or a felony.
Whether a defendant will be charged with a felony is usually based upon the injuries sustained by the victim and the defendant’s history of violence and criminal activity.
A misdemeanor violation can result in:
- Three years of informal probation
- A year in the county jail
- $6,000 in fines
- Scheduled payments to battered women organizations
- Scheduled payments to the alleged victim
- A protective order
- A restraining order
- A year’s worth of abuse classes
- Counseling services
- Community service
A felony violation of PC 273.5 can result in:
- Formal probation
- Four years in prison
- Five additional years for inflicting “great bodily injury”
- Payments, orders, abuse classes, community service, and counseling