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Felony Domestic Violence: Corporal Injury Laws Explained
Domestic violence (DV) is an event that can and, often, does leave trauma that goes beyond physical. For this reason, it is a crime that is regarded with the strongest disapproval – both by the public and, especially, by the California justice system.
Given the severity of this offense, understanding DV laws is critical for every party involved, whether they are a San Diego corporal injury lawyer looking to represent the defendant or a concerned relative looking to support the victim.
What is PC 273.5 A in California?
Penal Code (PC) §273.5 is one of California’s primary domestic violence laws. This piece of legislation outlaws causing physical injury to a spouse, cohabitant, romantic (dating) partner, or co-parent.
The sub-section §273.5(a), specifically deals with inflicting a corporal injury that results in a traumatic condition upon a previously described victim, classifying it as a felony offense that carries severe repercussions.
What is a corporal injury charge in California?
To be charged under PC §273.5(a), the prosecution must prove that the crime contained the following elements:
- A person willfully inflicted a physical injury;
- Injury has been inflicted on a current or former partner;
- Inflicted physical injury resulted in a traumatic condition.
As we can see, there are three elements to the crime:
- “Willfully” – means that the person acted with intent to cause physical harm;
- “Current or former partner” – refers to an individual with whom a defendant has or had an intimate or romantic relationship, regardless of the duration of said relationship. This may include a spouse, registered domestic partner, live-in boyfriend or girlfriend (a “cohabitant”), fiance(e), a child’s other parent, or an individual with whom the defendant has a serious dating relationship.
- “Traumatic condition” – is any wound or other bodily (corporal) injury resulting from the direct application of physical force.
It must be noted that a wound or injury does not have to be serious to constitute a traumatic condition. Even a minor wound or injury, such as a bruise or a sprain, may be enough for a DV case to be tried as a felony under PC §273.5(a).
Some other injuries that count as traumatic conditions for the purposes of corporate injury charges include (but aren’t limited to): broken bones, concussions, internal bleeding, injuries arising from suffocation/strangulation, etc.
What is the statute of limitations for 273.5 in California?
Prior to January 1, 2020, the Statute of Limitations (SOL) stated that a person couldn’t be charged with a felony domestic violence under PC §273.5 more than three years after the crime happened. However, a new CA Senate Bill 273 increased that period. Today, under PC §803.7, a person can be charged with a felony domestic violence up to five years after the incident.
Who is San Diego’s Leading corporal injury lawyer near me?
If you or someone you know is facing felony domestic violence charges, turning to Monder Criminal Lawyer Group is the best course of action. We have extensive knowledge and first-hand experience handling domestic violence cases, making us uniquely equipped to deal with any and all potential scenarios.
Our veteran lawyers are relentless in exploring different avenues of possibilities and meticulous in tailoring strategies ideally suited to your unique predicament. In addition, our team has been handling cases from other facets of criminal law, including felony drug charges and drug selling/trafficking cases, giving us a unique perspective on the CA legal landscape which only works to your benefit.
Reach out to us today and ensure you have a partner who is ready to fight for your rights without reserve!
