PC 273.5 vs. PC 243(e)(1): California Domestic Violence Charges, Penalties, and Defenses Explained

By Matthew Barhoma, founding attorney, Power Trial Lawyers. Last updated November 2026.

Quick answer: Penal Code section 273.5 (corporal injury on a spouse, cohabitant, or dating partner) requires proof that the defendant willfully inflicted a physical injury resulting in a “traumatic condition,” and it is a wobbler that can be charged as a felony punishable by two, three, or four years in state prison. Penal Code section 243(e)(1) (domestic battery) requires only a willful and unlawful touching that is harmful or offensive, with no injury at all, and it is always a misdemeanor punishable by up to one year in county jail. The presence or absence of an injury is the dividing line, and it drives nearly every consequence that follows.

This comparison is written for people who have been arrested, cited, or contacted by police after a domestic incident in California. For deeper treatment of each statute, see our pages on Penal Code 273.5 and Penal Code 243(e)(1).

Side-by-side comparison

What the prosecution must prove for PC 273.5

The elements, as stated in the standard jury instruction (CALCRIM No. 840), are:

1. The defendant willfully inflicted a physical injury on a person in a qualifying relationship.
2. The injury resulted in a traumatic condition.
3. The defendant did not act in self-defense or in defense of someone else, when that defense is raised.

Traumatic condition is defined in the statute as a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force. It expressly includes injury from strangulation or suffocation, defined as impeding normal breathing or blood circulation by applying pressure to the throat or neck. A bruise, a scratch, or redness that officers photograph can be enough.

Qualifying relationships under section 273.5(b) are: a spouse or former spouse; a cohabitant or former cohabitant; a fiance or someone with whom the defendant has or had an engagement or dating relationship; and the mother or father of the defendant’s child.

Willfully means on purpose. The prosecution does not have to prove an intent to injure or to break the law.

What the prosecution must prove for PC 243(e)(1)

The elements (CALCRIM No. 841) are:

1. The defendant willfully and unlawfully touched a person in a harmful or offensive manner.
2. The person is the defendant’s spouse, cohabitant, fiance, the parent of the defendant’s child, a former spouse, or someone with whom the defendant has or had a dating or engagement relationship.
3. The defendant did not act in self-defense or in defense of someone else, when that defense is raised.

The slightest touching can qualify if it is done in a rude or angry way. No pain or injury is required. Grabbing a phone out of someone’s hand or pushing past someone in a doorway has been charged under this section.

Why one case is charged as a felony and another as a misdemeanor

The arresting agency books the case, but the prosecutor decides what to file. The factors that most often move a case between felony 273.5, misdemeanor 273.5, and 243(e)(1) are:

• Whether there is a documented injury, and how serious it is.
• Any allegation of strangulation.
• Prior domestic violence arrests or convictions.
• Use of a weapon, or the presence of children.
• The quality of the evidence: 911 audio, body-worn camera video, photographs, and medical records.
• Whether the complaining witness is cooperating, and what they said at the scene.

The period between arrest and arraignment is when a defense attorney can present information to the filing prosecutor. In one Los Angeles County case, our client was booked on a felony under section 273.5 and the District Attorney declined to file any charge four days later. That DA reject case study explains how pre-filing work is done. See also the domestic violence arrest and investigation process.

Penalties in detail

PC 273.5

• Felony: 2, 3, or 4 years in state prison, a fine of up to $6,000, or both.
• Misdemeanor: up to one year in county jail, a fine of up to $6,000, or both.
• With a prior: If the offense occurred within seven years of a prior conviction under section 273.5(a), 243(d), 243.4, 244, 244.5, or 245, the sentence is up to one year in county jail or 2, 4, or 5 years in state prison, and a fine of up to $10,000. With a prior 243(e) conviction within seven years, the fine ceiling rises to $10,000.
• Mandatory jail on probation with priors: at least 15 days with one qualifying prior within seven years and at least 60 days with two or more, unless the court finds good cause.
• Great bodily injury: an enhancement under Penal Code section 12022.7(e) adds 3, 4, or 5 years and makes the offense a strike.

PC 243(e)(1)

• Up to one year in county jail, a fine of up to $2,000, or both.
• If probation is granted, the court must order completion of a batterer’s treatment program of at least one year.

Domestic violence probation under Penal Code 1203.097

When probation is granted for a crime against a person in a domestic relationship, Penal Code section 1203.097 requires, among other terms:

• A minimum probation period of 36 months.
• A criminal court protective order protecting the victim.
• Successful completion of a batterer’s program of at least one year, typically 52 weekly sessions.
• Community service.

More detail is on our page about domestic violence sentencing and penalties.

Protective orders in the criminal case

At arraignment the court typically issues a criminal protective order under Penal Code section 136.2. It may be a full no-contact order or a “peaceful contact” order, and it takes precedence over a conflicting family court order.

After a conviction under section 273.5, the sentencing court must consider a restraining order that may last up to 15 years. The maximum was raised from 10 to 15 years by Assembly Bill 2308, effective January 1, 2025. After other domestic violence convictions, including section 243(e)(1), a post-conviction order of up to 10 years is available under section 136.2(i).

A criminal protective order is separate from a family court domestic violence restraining order, and both can exist at once (Lugo v. Corona (2019) 35 Cal.App.5th 865). Violating either is a crime.

Firearm consequences

The federal ban is the one people miss. A misdemeanor plea that carries a 10-year state prohibition can carry a lifetime federal prohibition. Anyone who owns firearms or carries one for work needs this analyzed before a plea, not after.

Immigration, custody, and career consequences

• Immigration. A conviction for a “crime of domestic violence” is a ground of deportability under 8 U.S.C. 1227(a)(2)(E)(i). Section 273.5 convictions are routinely treated as deportable offenses. Section 243(e)(1) can be analyzed differently because it can be committed by an offensive touching without violent force, but any plea by a noncitizen must be reviewed by immigration counsel first.
• Child custody. A conviction under either statute within the previous five years, for a crime against the other parent, triggers the presumption against custody in Family Code section 3044. See how to rebut the Family Code 3044 presumption.
• Professional licenses and employment. Licensing boards for nurses, teachers, contractors, real estate agents, and others treat domestic violence convictions as substantially related to fitness. Jobs requiring a firearm are ended by the firearm bans above.
• Diversion. Misdemeanor judicial diversion under Penal Code section 1001.95 is not available for offenses under section 273.5 or section 243(e). Other programs, such as mental health diversion under Penal Code section 1001.36 or military diversion, may be available depending on the facts.

Defenses to PC 273.5 and PC 243(e)(1)

Self-defense or defense of others

A person may use reasonable force when they reasonably believe they or someone else is in imminent danger of being touched unlawfully or injured. Once the defense is raised, the prosecution must prove beyond a reasonable doubt that the defendant did not act in lawful self-defense. Injuries on the defendant, the accuser’s history of aggression, and the physical layout of the scene all matter.

Accident: the act was not willful

Both statutes require a willful act. An injury during a mutual struggle over an object, a fall, or a door closing is not a crime if the contact was accidental.

No traumatic condition, or the injury had another cause (PC 273.5)

If the prosecution cannot prove an injury caused by the defendant’s direct application of force, the felony charge fails. This is the most common route from section 273.5 to a lesser offense.

False or exaggerated accusation

Accusations are sometimes made during custody disputes, breakups, or arguments while intoxicated, and later recanted. The defense shows this through inconsistencies between the 911 call, the statement on body camera, later statements, and physical evidence.

Insufficient evidence

The standard is proof beyond a reasonable doubt. When the complaining witness does not testify, the prosecution must rely on 911 recordings, officer observations, and photographs, and confrontation clause and hearsay rules limit what a jury can hear.

More on each of these is in the seven defenses used in domestic abuse cases.

Can the accuser drop the charges?

No. The case is brought by the People of the State of California, and only the prosecutor can dismiss it. Prosecutors regularly proceed when the complaining witness asks them not to. Two rules shape these cases. First, under Code of Civil Procedure section 1219, a court may not jail a domestic violence victim for contempt for refusing to testify. Second, under Evidence Code section 1109, the prosecution may be allowed to introduce evidence of the defendant’s prior acts of domestic violence. A reluctant witness changes the evidence, but it does not end the case on its own.

Reducing a 273.5 charge

Common negotiated outcomes, depending on the evidence and record, include:

• Felony 273.5 reduced to misdemeanor 273.5, at filing, by the judge under Penal Code section 17(b), or by plea.
• Section 273.5 reduced to section 243(e)(1), which removes the injury element and carries a 10-year rather than lifetime California firearm ban.
• A plea to a non-domestic-violence offense such as simple battery (Penal Code section 242), disturbing the peace (Penal Code section 415), or trespass, which may avoid the domestic violence probation terms and some collateral consequences.
• Dismissal or rejection of the case before filing.

Which of these is realistic depends on the injury evidence, the witness, and the defendant’s history.

When a restraining order case runs alongside the criminal case

Many people arrested for domestic violence are also served with a family court restraining order petition based on the same incident. The two cases have different burdens of proof: beyond a reasonable doubt in criminal court, and preponderance of the evidence in family court. Testimony given at the restraining order hearing can be used by the prosecutor. The defense in each case has to account for the other. See restraining order hearings with a pending criminal case and how to beat a domestic violence restraining order in California.

Frequently asked questions

What is the difference between PC 273.5 and PC 243(e)(1)?

Penal Code 273.5 requires a physical injury resulting in a traumatic condition and can be charged as a felony. Penal Code 243(e)(1) requires only a harmful or offensive touching, with no injury, and is always a misdemeanor.

Is PC 273.5 a felony or a misdemeanor?

It is a wobbler. The prosecutor can file it as a felony or a misdemeanor, and a judge can reduce a felony to a misdemeanor in appropriate cases. As a felony it carries 2, 3, or 4 years in state prison; as a misdemeanor, up to one year in county jail.

Is PC 243(e)(1) a felony?

No. Domestic battery under Penal Code 243(e)(1) is a misdemeanor punishable by up to one year in county jail and a fine of up to $2,000.

What counts as a traumatic condition under PC 273.5?

A traumatic condition is a wound or other external or internal bodily injury, whether minor or serious, caused by physical force. It includes injury from strangulation or suffocation. Bruising, swelling, and scratches can qualify.

Can a PC 273.5 charge be reduced to PC 243(e)(1)?

Yes, in many cases. The reduction usually turns on weak injury evidence, a first offense, or problems with witness credibility. It is negotiated with the prosecutor or reached after litigation of the evidence.

Will I lose my gun rights for a domestic violence misdemeanor in California?

Yes. A misdemeanor conviction under Penal Code 243(e)(1) carries a 10-year California firearm ban, and a misdemeanor conviction under Penal Code 273.5 on or after January 1, 2019 carries a lifetime California ban. Federal law can impose a lifetime ban for a misdemeanor crime of domestic violence.

How long is probation for domestic violence in California?

When probation is granted, Penal Code section 1203.097 sets a minimum of 36 months and requires a batterer’s program of at least one year, a protective order, and community service.

How long does a criminal protective order last after a domestic violence conviction?

After a conviction under Penal Code 273.5, the court may issue a restraining order lasting up to 15 years. After other domestic violence convictions, the order may last up to 10 years.

Can domestic violence charges be dropped if the victim does not want to press charges?

The decision belongs to the prosecutor, not the complaining witness. Prosecutors can and do proceed using 911 recordings, body camera video, photographs, and officer testimony.

How long does the prosecutor have to file domestic violence charges?

For Penal Code 273.5, prosecution generally may be commenced within five years of the offense. For misdemeanor domestic battery under Penal Code 243(e)(1), the general limit is one year.

Talk to a California domestic violence defense lawyer

Power Trial Lawyers defends domestic violence charges and the restraining order cases that accompany them in Los Angeles, Orange, Riverside, San Bernardino, and San Diego counties. Our domestic violence defense work starts before charges are filed whenever possible. If you have been arrested or contacted by police and are looking to retain an attorney, call (888) 808-2179 or contact us.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Penalties and collateral consequences depend on the specific charge, record, and facts. Statutes cited are current as of November 2026. Past results do not guarantee a similar outcome.