Abuse of Spouse or Signifigant Other

Penal Code 273.5 - Battery with Injury

The Charge

California Penal Code section 273.5(a) states that “Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition.” 

The Elements of the Crime

To prove that the Defendant is guilty of this crime, the prosecution must prove that:

• The Defendant willfully and unlawfully inflicted a physical injury on his or her spouse, former spouse, cohabitant, or the mother/father of his/her child; AND
• The injury inflicted by the Defendant resulted in a traumatic condition; AND
• The Defendant did not act in self defense or defense of another.

Someone commits an act willfully when he or she does it willingly or on purpose.

A traumatic condition is a wound or other bodily injury whether minor or serious, caused by the direct application of physical force.

The Punishment

Penal Code section 273.5(a) states that someone found guilty of this offense is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.

This offense is known as a wobbler in California, meaning it can be charged as a misdemeanor or a felony.  The above punishment is for felony offenses.  If the crime is charged as a misdemeanor then the maximum imprisonment is not more than one year in county jail.

Of course, in each case, the punishment varies.  In many cases, probation is a likely sentence as opposed to any custody.

Additionally, in San Diego County, as a part of probation, any defendant found guilty of this offense will be required to take a 52 week Domestic Violence class, among other conditions of probation.

Defenses

Common defenses in these cases can include, but are not limited to the following:

• The Defendant is innocent (attack the alleged victim’s credibility)
• Self-Defense
• Defense of Others
• Alibi
• Insanity

Penal Code 243(e) - Battery Without Injury

The Charge

Penal Code section 243(e) is a lesser included offense of Penal Code section 273.5(a).   It is the battery committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship.

The Elements of the Crime

To prove that the Defendant is guilty of this crime, the prosecution must prove that:

• The Defendant willfully and unlawfully touched the victim in a harmful or offensive manner; AND
• The victim is the defendant's child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship; AND
• The Defendant did not act in self defense or defense of another.

Someone commits an act willfully when he or she does it willingly or on purpose.

The slightest touching can be enough to commit batter if it is done in a rude or angry way.  Making contact with another person, including through his or her clothing is enough.  The touching does not have to cause pain or injury of any kind.

The Punishment

Penal Code 243(e)(1) states that this offense is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer's treatment program, as defined in Section 1203.097, or if none is available, another appropriate counseling program designated by the court.

Of course, in each case, the punishment varies.  In many cases, probation is a likely sentence as opposed to any custody.

As stated above, in San Diego County, as a part of probation, any defendant found guilty of this offense will be required to take a 52 week Domestic Violence class, among other conditions of probation.

Defenses

Common defenses in these cases can include, but are not limited to the following:

• The Defendant is innocent (attack the alleged victim’s credibility)
• Self-Defense
• Defense of Others
• Alibi
• Insanity

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