PC 243(e)(1) — domestic battery
- Any willful and unlawful touching, however slight, of a spouse, cohabitant, fiancé(e), dating partner, or the other parent of your child.
- No injury is required. A shove or a grab qualifies.
- Always a misdemeanor. Up to one year in county jail and a fine, and courts commonly order a batterer's intervention program.
PC 273.5 — corporal injury on a spouse or cohabitant
- Requires willful infliction of corporal injury resulting in a traumatic condition — the statute's phrase for a wound or internal injury caused by physical force. A bruise is enough.
- A wobbler: prosecutors may file it as a misdemeanor or a felony, and a felony conviction carries state prison exposure.
- Prior domestic violence convictions within the preceding seven years increase the penalties.
Deeper background on the general offense is in what is domestic violence in California.
What both cases have in common
- An emergency protective order is routinely issued at the scene and can bar the arrested person from their own home.
- The alleged victim does not control the case. Prosecutors in Los Angeles and San Diego file and pursue domestic violence cases without a cooperating complaining witness.
- There is a mandatory cooling-off period before release in many domestic violence bookings, which delays a bond posting.
- Firearm prohibitions attach on conviction, and on some protective orders.
Bail on domestic violence charges
County bail schedules set domestic violence amounts higher than comparable non-domestic charges, and felony §273.5 filings in LA and San Diego commonly land in the tens of thousands. See domestic violence bail bonds for how we handle release timing around the cooling-off hold, and use the bail bond calculator to estimate the premium.