Domestic Violence: Penal Code 273.5

• You willfully inflicted a physical injury on the other person.
• The injury resulted in a traumatic condition. The statute defines this as a wound or an external or internal injury, minor or serious, including injury from strangulation or suffocation.
• The other person is or was your spouse, cohabitant, fiancé, dating partner, or the other parent of your child.
• You did not act in lawful self-defense.

• Two, three, or four years in state prison, or up to one year in county jail, and/or a fine up to $6,000.
• Higher ranges and minimum jail terms apply with certain prior convictions within seven years.
• If probation is granted, the court must impose the terms of PC 1203.097. These include a batterer’s intervention program.
• The court must consider a protective order, which can last up to 15 years.

Note: court-initiated misdemeanor diversion under PC 1001.95 does not apply to domestic violence offenses.

• Self-defense.
• The injury was accidental or was not caused by you.
• No traumatic condition as the law defines it.
• False or exaggerated accusations, often in a custody or breakup dispute.
• Reduction to a lesser charge such as PC 243(e)(1) domestic battery.

Every case turns on its own facts. In a free, confidential consultation I’ll read your paperwork, explain the charge and the realistic options, and tell you what I would do next. I handle every case personally, for a flat fee.