A charge under California Penal Code 273.5 carries corporal injury penalties that depend on how prosecutors file it: as a misdemeanor, up to one year in county jail and a fine up to $6,000; as a felony, two, three, or four years in state prison and the same maximum fine.1California Legislative Information. California Penal Code 273.5 – Willful Infliction of Corporal Injury The statute makes it a crime to willfully inflict a physical injury that produces a “traumatic condition” on a spouse, cohabitant, co-parent, fiancé, or dating partner. The sentence is only part of what a conviction costs. A lifetime firearm ban, a 52-week batterer’s program, a presumption against custody of your children, and — for non-citizens — deportation exposure all follow from the same conviction.
What the Prosecution Must Prove
CALCRIM 840 governs these trials, and it requires three elements:2Justia. CALCRIM No. 840 – Inflicting Injury on Spouse, Cohabitant, or Fellow Parent Resulting in Traumatic Condition
- A willful act. The defendant intentionally did the physical act. The specific injury does not have to be intended, but an accidental bump during an argument does not satisfy this element.
- A traumatic condition. The force produced a wound or bodily injury. Minor bruising, redness, or swelling is enough. Serious lacerations are enough. Severity does not determine whether the crime occurred, only how prosecutors file it.
- Causation. The traumatic condition was a direct and natural consequence of the defendant’s physical force.
The relationship between the parties also has to fit the statute. PC 273.5 covers current and former spouses, current and former cohabitants, parents of a common child, current and former fiancés, and current and former dating partners.1California Legislative Information. California Penal Code 273.5 – Willful Infliction of Corporal Injury A dating relationship under California law means frequent, intimate contact characterized by an expectation of affection or sexual involvement, independent of financial considerations.3Justia Law. California Family Code 6200-6219 Cohabitation requires more than overnight stays; courts look at shared expenses, joint property use, a sexual relationship while sharing quarters, holding out as a couple, and the length of the arrangement.4California Legislative Information. California Penal Code 13700 – Definitions Prosecutors prove the elements through scene photographs, medical records, 911 recordings, and witness testimony.
First-Offense Sentencing
PC 273.5 is a wobbler. Prosecutors choose misdemeanor or felony based on injury severity, the circumstances, and the defendant’s record. On a first offense:1California Legislative Information. California Penal Code 273.5 – Willful Infliction of Corporal Injury
- Misdemeanor: up to one year in county jail, a fine up to $6,000, or both.
- Felony: two, three, or four years in state prison, a fine up to $6,000, or both.
Sentencing with Prior Convictions
A prior conviction within the previous seven years changes the exposure substantially. If the prior is for PC 273.5 itself, or for assault with a deadly weapon (PC 245), sexual battery (PC 243.4), or assault with caustic chemicals (PC 244), the felony prison range increases to two, four, or five years, and the maximum fine rises to $10,000.1California Legislative Information. California Penal Code 273.5 – Willful Infliction of Corporal Injury A prior misdemeanor domestic battery conviction under PC 243(e) within seven years triggers enhanced felony sentencing of two, three, or four years and a $10,000 fine ceiling.
Great Bodily Injury Enhancement
When the victim suffers serious physical harm such as broken bones, a concussion, or wounds requiring stitches, prosecutors may add a great bodily injury enhancement under Penal Code 12022.7(e). A proved GBI enhancement adds three, four, or five additional and consecutive years in state prison.5California Legislative Information. California Penal Code 12022.7 – Great Bodily Injury Enhancement A first-offense felony PC 273.5 with a GBI enhancement can reach nine years in prison.
Probation Instead of Custody
When a judge grants probation, the conditions run long and expensive. Under Penal Code 1203.097, every domestic violence probation case carries:6California Legislative Information. California Penal Code 1203.097 – Probation Conditions for Domestic Violence Crimes
- A 52-week batterer’s intervention program. Weekly two-hour sessions, progress reports to the court every three months, completion within 18 months, and no more than three excused absences across the entire year.
- A minimum $500 payment to domestic violence shelters and programs. A judge can reduce or waive it after a hearing on inability to pay.
- A criminal protective order shielding the victim from further violence, threats, stalking, and harassment, which may include stay-away or residence-exclusion terms.
Batterer’s intervention programs typically cost $25 to $75 per session out of pocket, which puts total program fees between $1,300 and $3,900 over the year, on top of the $500 court fee. A missed session, contact with the victim in violation of the protective order, or a new charge can lead the judge to revoke probation and impose the suspended jail or prison term.
Loss of Firearm Rights
A PC 273.5 conviction ends gun rights at both state and federal levels, and the restrictions cover ammunition as fully as they cover firearms.
Under California law, any felony conviction permanently prohibits firearm possession.7California Legislative Information. California Penal Code 29800 – Felon Firearm Prohibition For a misdemeanor PC 273.5 conviction on or after January 1, 2019, California imposes a lifetime firearm ban rather than the ten-year ban that applies to most other misdemeanors.8California Legislative Information. California Penal Code 29805 – Misdemeanor Firearm Prohibition Federal law reinforces the ban through 18 U.S.C. § 922(g)(9), which permanently prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing any firearm or ammunition that has moved in interstate commerce, a category that covers virtually all commercially manufactured guns and ammo.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Violating the federal ban is itself a federal felony.
After conviction, the defendant must surrender all firearms to law enforcement or a licensed dealer. The ban covers access and control, not just ownership, so a weapon stored in the defendant’s home by someone else creates a violation. Federal law offers no routine restoration pathway for a qualifying domestic violence conviction, and California’s lifetime ban on PC 273.5 misdemeanors provides no statutory route back either.
Impact on Child Custody
Under California Family Code 3044, a finding that a parent committed domestic violence within the previous five years creates a rebuttable presumption that awarding sole or joint custody to that parent would be detrimental to the child.10California Legislative Information. California Family Code 3044 – Presumption Against Custody for Domestic Violence Perpetrators The convicted parent must affirmatively prove by a preponderance of the evidence that custody is in the child’s best interest. Courts weigh several factors together:
- Completion of a batterer’s treatment program meeting Penal Code 1203.097 standards
- Completion of alcohol, drug, or parenting classes if the court finds them appropriate
- Compliance with all probation or parole terms
- Compliance with any protective or restraining orders
- No further acts of domestic violence
- No possession of firearms or ammunition in violation of any court order
A parent who completed the batterer’s program but violated a protective order is unlikely to overcome the presumption. In practice, many parents convicted under PC 273.5 end up with supervised visitation rather than joint custody until they can show sustained rehabilitation.
Immigration Consequences
For non-citizens, PC 273.5 is one of the most dangerous charges in California. Under 8 U.S.C. § 1227(a)(2)(E)(i), any non-citizen convicted after admission of a crime of domestic violence is deportable.11Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens PC 273.5 fits that definition. Felony or misdemeanor, the conviction can trigger removal regardless of how long the person has lived in the United States, whether they hold a green card, or whether they have U.S. citizen children. It also creates barriers to adjustment of status, naturalization, and re-entry after travel abroad. Any non-citizen charged under PC 273.5 should consult an immigration attorney before any plea, because a disposition that looks minor in criminal court can be irreversible in immigration court.
Professional Licensing Consequences
California licensing boards covering nursing, teaching, law, real estate, contracting, and dozens of other professions can investigate and discipline licensees convicted of crimes substantially related to their duties. Domestic violence convictions routinely trigger review because boards often classify them as crimes of moral turpitude. Most boards require self-reporting of convictions within a set time, and failing to report is itself grounds for discipline. Outcomes range from probation with conditions to license revocation. Under California Business and Professions Code 480, boards may also deny applications from anyone convicted within the preceding seven years of a crime substantially related to the profession.
License discipline is not automatic. Boards weigh the nature of the offense, how long ago it occurred, and evidence of rehabilitation. A felony conviction with a prison sentence is harder to explain to a licensing board than a misdemeanor resolved through probation and a completed treatment program.
Common Defenses
Three defenses come up repeatedly, and which fits depends on what happened.
Self-defense. California allows reasonable force to protect yourself or others from an immediate threat. The same rules apply in domestic settings. If the defendant used proportional force only because the other person attacked first, self-defense can defeat the charge. Corroboration matters: defensive injuries on the defendant, witness statements, or a 911 recording that captures the other person as the aggressor.
Accident. The statute requires a willful act. An accidental bump during an argument that produces a bruise is not willful infliction of injury. The prosecution must prove the defendant intended the physical act, not just that someone got hurt during a heated moment.
False accusation. Custody disputes, divorces, and simple anger can motivate false or exaggerated reports. Once a report is made, prosecutors often proceed even if the accuser later recants. The defense focuses on inconsistencies among the accuser’s statements, the physical evidence or its absence, and the timeline.
Expungement and Its Limits
Under Penal Code 1203.4, a defendant who successfully completes probation can petition the court to withdraw the guilty plea and have the case dismissed.12California Legislative Information. California Penal Code 1203.4 – Dismissal After Probation A granted petition releases the defendant from most penalties and disabilities of the conviction, which helps with employment background checks and license applications.
The limits matter. A 1203.4 dismissal does not restore firearm rights; the lifetime state and federal bans survive it. It does not terminate an unexpired criminal protective order, which stays in effect until it expires on its own terms or the court separately modifies it.12California Legislative Information. California Penal Code 1203.4 – Dismissal After Probation For immigration purposes, federal courts generally treat a California expungement as not eliminating the conviction, so deportation risk persists even after the state record is cleared. Expungement helps. It does not undo everything.