Penal Code 273.5 is California’s more serious domestic violence statute: willfully inflicting corporal injury resulting in a traumatic condition on a spouse, cohabitant, dating partner, fiancé(e), or co-parent.
It is a wobbler — a felony (2, 3, or 4 years) or a misdemeanor (up to one year) — and it requires an actual injury, unlike simple domestic battery.
What PC 273.5 Says
PC 273.5(a) requires (1) a willful infliction of corporal injury; (2) that results in a traumatic condition — a wound or internal or external injury, however minor; and (3) that the victim is a protected partner (spouse, cohabitant, dating or former dating partner, fiancé(e), or the co-parent of the defendant’s child). All three must be proven.
273.5 vs. Domestic Battery (243(e)(1))
The key difference is injury. PC 243(e)(1) domestic battery is any offensive touching of a partner — no injury required — and is a misdemeanor. PC 273.5 requires an actual traumatic condition and can be charged as a felony. Where the injury evidence is thin, a common defense goal is to keep the case at 243(e)(1) or below.
Penalties and Defenses
PC 273.5 carries up to a year as a misdemeanor, or 2 to 4 years as a felony, plus a fine up to $6,000. Common defenses: self-defense or defense of others; the injury was an accident, not willful; the injury did not come from you or does not amount to a ‘traumatic condition’; and false or exaggerated allegations, which are common in break-ups and custody disputes. One thing to know: the alleged victim cannot drop the charges — only the District Attorney decides. See our domestic violence defense page.
Frequently Asked Questions
What is the difference between PC 273.5 and PC 243(e)(1)?
PC 243(e)(1) domestic battery is any offensive touching of a partner and requires no injury — it is a misdemeanor. PC 273.5 requires willfully inflicting a corporal injury that results in a traumatic condition, and it can be charged as a felony. Injury is the dividing line.
Is PC 273.5 a felony or a misdemeanor?
It is a wobbler. As a felony it carries two, three, or four years in state prison; as a misdemeanor it carries up to one year in county jail, plus a fine of up to $6,000.
Can the alleged victim drop a PC 273.5 case?
No. Only the District Attorney decides whether to file or dismiss a domestic violence case. The alleged victim's wishes are considered but are not controlling — the case belongs to the People.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com