Felony Domestic Violence

FELONY DOMESTIC VIOLENCE

(DV) CA Penal Code 273.5

The crime of domestic violence charged under California Penal Code 273.5, is also referred to as domestic battery, domestic abuse, spousal abuse or spousal battery.

To be convicted of Domestic Violence under PC 273.5, the Prosecutor must prove:

  • Defendant willfully inflicted corporal injury on a victim;
  • The injury was upon someone with whom the defendant had a domestic relationship; and;
  • The corporal injury resulted in a traumatic condition.

Corporal Injury Defined:

  • Corporal injury
  • By the use of violent force
  • upon a victim’s body.

Willful Infliction Defined:

  • Willful means that the injury
  • Was done deliberately and intentionally, and not accidentally.

NOTE:  To be found guilty, it is not required to prove that Defendant intended for the injury to occur.  The prosecution only has to show that the defendant intended to commit the act that resulted in the injury.