If you or someone you know has been accused of inflicting “corporal injury” in California, the first question is usually: What exactly does that mean? The term sounds formal and complex, but at its core, it refers to causing physical injury to certain intimate partners. Under California Penal Code 273.5, corporal injury is one of the most commonly charged offenses in domestic violence cases — and one of the most misunderstood.
Understanding the law is crucial because a conviction can affect nearly every area of someone’s life: liberty, employment, reputation, family relationships, and even immigration status. This comprehensive guide breaks down the meaning of corporal injury, the elements prosecutors must prove, the penalties involved, possible defenses, and what to do if you’re facing such allegations.
What Is “Corporal Injury” Under California Law?
Under Penal Code 273.5, “corporal injury” refers to willfully inflicting any physical injury on a spouse, cohabitant, former spouse, dating partner, fiancé(e), or the parent of one’s child when that injury results in a traumatic condition.
A few key points help clarify the definition:
“Corporal” means physical — injury to the body.
The injury does not have to be severe. Even minor injuries can qualify.
A “traumatic condition” includes any wound or bodily injury caused by physical force, including bruises, swelling, scratches, internal injuries, and more.
The law only applies when the alleged victim has a qualifying relationship with the accused.
In short: If physical force causes an injury, and the people involved fit one of the protected relationship categories, the charge may apply.
Who Qualifies as a “Protected Person”?
For the law to apply, the alleged victim must be in a legally defined relationship with the accused. These include:
Current or former spouse
Current or former cohabitant
Current or former dating partner
Current or former fiancé(e)
Parent of the accused’s child
People outside these categories—such as roommates, neighbors, coworkers, or strangers—do not fall under Penal Code 273.5, although other assault or battery laws might apply.
What Counts as a “Traumatic Condition”?
A “traumatic condition” is often misunderstood. Under California law, it includes any injury caused by the direct application of force. It does not matter whether the injury is considered “major” or “minor.”
Examples include:
Bruises, red marks, or discoloration
Cuts, scrapes, or abrasions
Swelling or tenderness
Sprains or strains
Internal injuries
Concussion or head injury
Marks or symptoms from choking or strangulation
Broken bones or fractures
The injury only needs to be the natural and foreseeable result of the physical act — even if the accused didn’t intend to cause a specific injury.
Legal Elements the Prosecution Must Prove
To convict someone of corporal injury under PC 273.5, the prosecution must establish each of the following elements:
1. The act was willful
“Willful” means the person acted on purpose, not accidentally.
The person does not need to intend to break the law or cause a specific injury—only that they intentionally committed the act that led to the injury.
2. A physical injury occurred
The injury can be minor or serious; the law only requires proof that some physical harm happened.
3. The injury caused a “traumatic condition”
The injury must result directly from the accused’s act. The traumatic condition does not have to be long-lasting or severe.
4. The alleged victim is a protected person
The relationship must fall within the categories defined under the statute.
If prosecutors fail to prove any of these elements, a conviction cannot stand.
Penalties for Corporal Injury (PC 273.5)
One of the most significant aspects of this charge is that it’s a “wobbler.” That means the prosecution can file it as a misdemeanor or a felony, depending on the circumstances and the accused’s criminal history.
Misdemeanor Penalties
Up to 1 year in county jail
Up to $6,000 in fines
Mandatory domestic violence classes
Probation terms such as counseling and restraining orders
Felony Penalties
2, 3, or 4 years in state prison
Fines up to $6,000 (or up to $10,000 with prior DV convictions)
Possible “strike” under California’s Three Strikes Law if significant injury is involved
Formal probation with strict conditions
Sentence Enhancements
The penalties may increase if:
The injury is classified as “great bodily injury”
The accused has prior domestic violence–related convictions
The incident occurred in the presence of a child
A weapon was used
Additional Life-Altering Consequences
A corporal injury conviction can trigger:
Criminal protective orders restricting contact
Loss of firearm rights
Deportation or immigration consequences for non-citizens
Child custody limitations
Professional license issues
Long-term damage to personal reputation and employment opportunities
Because the consequences extend far beyond the courtroom, defending against these charges is critical.
Common Scenarios That May Lead to a PC 273.5 Charge
Real-world examples help make the law clearer:
A spouse pushes another during an argument, causing bruising.
An object is thrown during a fight and accidentally hits the partner.
A person grabs a partner’s arm tightly, leaving marks.
A heated confrontation leads to a fall causing injury.
A partner claims strangulation even without visible marks.
One important note: Visible injuries are not required. Medical testimony or circumstantial evidence can be enough.
How PC 273.5 Differs From Domestic Battery (PC 243(e)(1))
Many people confuse corporal injury with domestic battery. The difference is major:
PC 273.5 (corporal injury) requires a physical injury.
PC 243(e)(1) (domestic battery) does not require injury—only unwanted physical contact.
Because PC 273.5 involves bodily injury, it carries significantly harsher penalties.
Defenses to a Corporal Injury Charge
A skilled defense attorney evaluates each case individually. Common defenses include:
1. Self-defense or defense of others
If you reasonably believed force was necessary to protect yourself or someone else, this may defeat the charge.
2. Accidental injury
If the injury was the result of an accident — without willful force — the law does not apply.
3. False or exaggerated accusations
Domestic disputes can involve inflated claims, emotional reactions, or retaliatory allegations.
4. No traumatic condition
The alleged injury may not qualify as a legally recognized traumatic condition.
5. No qualifying relationship
If the individuals do not meet the legal relationship requirement, PC 273.5 cannot apply.
6. Insufficient evidence
Lack of witnesses, inconsistent statements, or weak physical evidence can undermine the case.
A strong defense requires careful examination of police reports, witness statements, medical records, and body-worn camera footage.
Why These Charges Should Be Taken Seriously
Corporal injury allegations carry more than criminal penalties. They often trigger immediate protective orders, family law complications, and long-term damage to someone’s reputation and livelihood.
Because of the emotion-driven nature of domestic violence cases, law enforcement often arrests first and sorts out the story later. That means many people are charged based on incomplete, conflicting, or incorrect information.
If you’re facing a PC 273.5 accusation, early legal representation is one of the most important steps you can take to protect your rights.
Conclusion
“Corporal injury” under California Penal Code 273.5 is a serious charge with serious consequences. The law applies when someone willfully inflicts physical injury on certain intimate partners, resulting in a traumatic condition. Even minor injuries can lead to major legal problems — including jail time, fines, restraining orders, and lasting personal consequences.
But being accused does not mean you will be convicted. These cases are often complex, emotional, and fact-sensitive. A knowledgeable criminal defense attorney can make a critical difference in protecting your rights, your freedom, and your future.
Call to Action: Contact Southwest Legal
If you or someone you care about is facing accusations of corporal injury or any domestic violence-related offense in Southern California, Southwest Legal is ready to defend you. Our firm provides strategic, aggressive, and compassionate representation designed to protect your rights and secure the best possible outcome. Contact us today for a free, confidential consultation. Your defense starts now.
