PC 273.5(a) Sentencing

Domestic abuse or corporal injury to spouse cases can be prosecuted as a felony, or as a misdemeanor, depending on the defendant’s criminal record and the details of the case. If the injuries that the victim sustained are minor, such as bruises, redness or scratches and it’s the defendant’s first violent crime conviction then the crime will most likely be tried as a misdemeanor. However, if the victim sustained more serious injuries, or “great corporal injury” as defined by the state and it’s a second, third or subsequent conviction then the prosecutor is most likely to try the crime as a felony.

Needless to say there are vast differences in the sentencing of the varying levels of domestic abuse or Corporal Injury to Spouse.

The sentencing as a misdemeanor are as follows:

  • Minimum of 3 years of informal probation
  • Up to one (1) year in county jail,
    • A mandatory minimum of 15 days in jail if the conviction is within 7 years of a conviction of either CA Penal Code 242, CA Penal Code 243.4, or other violent crimes
    • A mandatory minimum of 60 days in jail if the conviction is within two prior convictions of either , CA Penal Code 243.4, or other violent crimes
  • Up to $10,000 in fines if the conviction is within 7 years of a CA Penal Code 243(e)(1), domestic battery
  • Reimbursement of up to $5,000 if the victim required medical aid or counseling
  • A protective order placed against the defendant
  • A restraining order placed against the defendant by the victim for up to 10 years
  • A 1 year batterer’s class
  • Community service