June 6, 2019
All about Penal Code PC 273.5,
Penal Code PC 273.5 is a statute in California in which, all the physical injury done by their intimate partner falls in. The crime of domestic violence is included here.
According to the code, the intimate partner might be harassing the other partner with any of the corporal injury; they will be considered as a criminal according to the code. Corporal injury stands for any of the physical injuries whether it is small or the serious injury.
Who can be considered as Intimate partner?
Many of them have a wrong belief about the intimate partner, the intimate partner is not limited to the spouse but also includes former spouse, registered partner. Also, if a person is a live-in partner or former live-in partner, they are considered as cohabitant and included in intimate partners list. Also, if any person is in a relationship or seriously dating a person and abuse is shown, such cases also fall in this particular penal code.
Along with all of this, if a person is the mother or father of the defendant’s children, such a person will also be considered an intimate partner. So, if any person falls in this list, they can be charged according to the law of California. Not to mention, the current or former fiancé or fiancée are also included in the same list.
So, if the one who is showing domestic violence is one of these, they can be charged. See the defense section to know when they can’t be charged.
What are the charges?
Depending upon the offense done there can be many penalties if Penal Code PC 273.5 is not followed. The accused can either be a misdemeanor or a felony. It depends on the case and the criminal history of the person. Both of these are checked and the accused is considered accordingly.
For a misdemeanor, the minimum penalty is up to 1 year in county jail or a fine worth $6000. Whereas for the felony, there are 2,3 or maximum of 4 years in state prison or they will have to pay the fine up to $600.
However, this really depends on the case they are dealing with. If the violence is less, the penalty will also be less. Along with this, other things are also checked such as criminal history, etc.
Can there be a defense?
Yes, there are legal defenses available only if the injury was done for self-defense or for saving another person from harm. Also, if the one who has done the injury didn’t mean to harm the other partner and it was an accident, he/she can go to the lawyer and get the legal defense. The last chance where one can use the legal defense and go to the lawyer is if the accused didn’t do anything and was falsely charged. This is pretty common in the domestic violence case. In all of the above-given situations, one can get help from the legal defense and act on it. You can contact one of the defense lawyers and ask them what you can do.