PC 273.5 Corporal Injury Attorney San Diego

Penal Code section 273.5 makes it a crime to willfully inflict a physical injury on a spouse, cohabitant, dating partner or co-parent. San Diego prosecutors file it when a domestic violence arrest comes with a photograph of a bruise, a scratch or a red mark. Because it can be charged as a felony, the consequences reach well past the sentence: state prison, a lifetime federal firearm ban, and deportation for anyone who is not a citizen.

Marc Kohnen has defended these cases in San Diego since 2008 from his office at 425 Tenth Avenue, a short walk from the central courthouse.

What the Prosecutor Must Prove Under PC 273.5

Each element must be proved beyond a reasonable doubt.

You willfully inflicted a physical injury on another person. Willfully means on purpose; intent to cause the particular injury is not required.
The injury resulted in a traumatic condition.
The person injured was your spouse or former spouse, cohabitant or former cohabitant, fiancé or fiancée, a current or former dating partner, or the other parent of your child.
You did not act in self-defense or in defense of someone else.

What Counts as a Traumatic Condition

Under CALCRIM 840, a traumatic condition is any wound or bodily injury, minor or serious, caused by physical force. A bruise, swelling, a scratch or redness qualifies, and no medical treatment is required. The statute also covers injury from strangulation or suffocation, and an allegation of hands on the neck is almost always filed as a felony.

That injury separates PC 273.5 from misdemeanor domestic battery under PC 243(e)(1), which requires only an offensive touching.

Misdemeanor or Felony: PC 273.5 Penalties

PC 273.5 is a wobbler. The District Attorney decides at filing whether to charge a misdemeanor or a felony.

Misdemeanor: up to one year in county jail, a fine of up to $6,000, or both.
Felony: two, three or four years in state prison.
A prior conviction within seven years for PC 273.5, or for listed assault and battery offenses (PC 243(d), 243.4, 244, 244.5 or 245): two, four or five years in state prison and a fine of up to $10,000.
Great bodily injury under PC 12022.7(e): an additional three, four or five years, and the finding makes the offense a serious and violent felony, which is a strike.

Mandatory Probation Terms Under PC 1203.097

Even a misdemeanor plea with no jail carries conditions the court cannot waive under Penal Code section 1203.097.

A minimum of 36 months of probation.
A criminal protective order in favor of the accuser, either full stay-away or peaceful contact.
A batterer's intervention program of at least 52 weekly sessions.
Statutory fees and restitution, and at the court's discretion a payment of up to $5,000 to a domestic violence shelter program.
Where there is a qualifying prior, a minimum county jail term under PC 273.5(h), waivable only on a finding of good cause stated on the record.

Firearm and Immigration Consequences

A misdemeanor PC 273.5 conviction entered on or after January 1, 2019 carries a lifetime California firearm ban under Penal Code section 29805(b), and under 18 U.S.C. 922(g)(9) a misdemeanor crime of domestic violence bars firearm possession for life. A felony is a lifetime ban under both state and federal law.

If you are not a citizen, a conviction for a crime of domestic violence is a deportable offense under 8 U.S.C. 1227(a)(2)(E), and PC 273.5 may also be treated as a crime involving moral turpitude. Any plea should be reviewed by immigration counsel before it is entered.

How a PC 273.5 Case Begins in San Diego

Most cases start with a 911 call. San Diego officers treat a visible injury as grounds for arrest and rarely leave a domestic call without taking someone in. They photograph the injury, record the accuser's statement, and request an Emergency Protective Order that can bar you from your home for up to seven days. Booking is at San Diego Central Jail downtown, Vista for North County, or Las Colinas for women.

The District Attorney then reviews the report and decides what to file. A lawyer who reaches the prosecutor first can present the accuser's own texts, witness accounts, or evidence of how the injury actually happened. Many PC 273.5 and 243(e)(1) arrests handled by this office have ended with no charges filed. Every case is different and prior results do not guarantee a similar outcome.

If charges are filed, the judge issues a criminal protective order at arraignment, usually a full stay-away order that can be modified to peaceful contact with the accuser's input.

How the DA Proceeds When the Accuser Will Not Testify

The San Diego District Attorney has a dedicated domestic violence prosecution unit, and it does not need the accuser's cooperation to proceed. Prosecutors build these cases on the 911 recording, body-camera footage, photographs, medical records and anything you said at the scene. Evidence Code section 1109 lets the jury hear about prior acts of domestic violence, and Evidence Code section 1370 admits certain out-of-court statements describing an injury when the speaker is unavailable.

Those tools have limits. Under Crawford v. Washington, a testimonial statement, such as a recorded interview with a detective, cannot be used unless the speaker testifies and can be cross-examined. Where a 911 call about an ongoing emergency ends and case-building begins is often the central fight at trial.

Defenses to a PC 273.5 Charge

These cases usually rest on one person's account, given in the most emotional moment of a dispute.

Self-defense or defense of others, where the accuser was the aggressor and you used reasonable force.
Accident. The statute requires a willful act; a door that swung shut or a fall during a struggle is not corporal injury.
False accusation, where a divorce, a custody dispute, or an immigration benefit supplies a motive to exaggerate or invent.
The injury was not caused by you, shown by a bruise that predates the argument or a mark inconsistent with the described blow.
No qualifying relationship, such as a roommate who was never a partner.
Mistaken identity where a third party was present.
Fourth and Fifth Amendment violations. Statements taken in custody without Miranda warnings, and evidence from an unlawful entry, can be suppressed.
Insufficient evidence, including recantation, which does not end a case on its own but, handled correctly, changes the leverage in every negotiation that follows.

Reductions, Diversion and Expungement

A felony may be reduced to a misdemeanor under Penal Code section 17(b), by plea or on motion after probation. Some cases resolve as battery under PC 243(e)(1) or as disturbing the peace under PC 415, which carries no domestic violence designation and, when the plea is structured correctly, avoids the federal firearm ban.

Diversion is narrower here. Penal Code section 1001.95 expressly excludes PC 273.5 and 243(e)(1), but mental health diversion under PC 1001.36 is not categorically barred where a diagnosed condition played a significant role. After probation, a conviction can usually be set aside under Penal Code section 1203.4, subject to the limits described below.

Talk to Marc Kohnen About Your PC 273.5 Case

Marc Kohnen, State Bar of California #255303, has defended domestic violence cases in San Diego since 2008. In one case involving two felony counts of corporal injury to a spouse, all charges were dismissed. Every case is different and prior results do not guarantee a similar outcome.

The most can be done in the days after an arrest, before the filing decision. The office is available 24 hours a day at (619) 398-2500.

Questions About Corporal Injury (PC 273.5) Charges

Is PC 273.5 a felony or a misdemeanor?

It can be either. PC 273.5 is a wobbler, so the District Attorney chooses at filing whether to charge a misdemeanor or a felony. A misdemeanor carries up to one year in county jail and a fine of up to $6,000. A felony carries two, three or four years in state prison, and more with a qualifying prior within seven years or a great bodily injury finding.

The filing decision is not final. Many felony PC 273.5 cases are reduced to misdemeanors by negotiation or under Penal Code section 17(b) before the case ends.

Can the victim drop the charges?

No. Only the District Attorney can dismiss the case. The person named in the report can say she or he does not want to go forward, but the San Diego DA's domestic violence unit routinely proceeds anyway, using the 911 call, photographs, body-camera footage and medical records in place of live testimony.

An unwilling accuser still changes the case. Some statements become inadmissible under the confrontation clause once the accuser is off the witness stand, and a properly documented recantation, made without any contact that could be characterized as pressure, weighs heavily in how the case resolves.

What counts as a traumatic condition?

Any wound or bodily injury caused by physical force, whether minor or serious. Under CALCRIM 840 a bruise, a scratch, swelling or redness is enough, and no treatment is required. The statute also expressly covers injury from strangulation or suffocation, meaning pressure on the neck that impedes breathing or circulation, even without visible marks.

The injury must result from a willful act on your part. If it came from a fall, a door, an earlier event, or the accuser's own conduct, the element is not met.

Will I lose my gun rights?

Yes, if you are convicted. A misdemeanor PC 273.5 conviction carries a lifetime California ban under Penal Code section 29805(b) and a lifetime federal ban under 18 U.S.C. 922(g)(9). A felony is a lifetime ban under both state and federal law as well. Firearms must be surrendered, often while the case is pending.

An expungement under PC 1203.4 does not restore firearm rights. The only reliable way to protect them is to avoid a domestic violence conviction, which is why a reduction to PC 415 or a dismissal matters.

Can a PC 273.5 conviction be expunged?

Usually, yes. After you complete probation and pay all fines and restitution, you can petition under Penal Code section 1203.4 to withdraw the plea and have the case dismissed. A felony is typically reduced under PC 17(b) at the same time so the record shows a dismissed misdemeanor.

Expungement has limits. It does not restore firearm rights or remove the conviction for immigration purposes, it must still be disclosed for public office or state licensing, and an expunged PC 273.5 still counts as a prior on a new domestic violence charge within seven years.

San Diego PC 273.5 Corporal Injury Attorney