Corporal Injury On A Spouse Punishment & Sentencing

Corporal Injury on a Spouse/Domestic Partner Sentencing & Punishment – Penal Code section 273.5

A person in violation of Penal Code 273.5 can be charged as either a misdemeanor or a felony.

If guilty of a misdemeanor, the defendant shall be imprisoned in a county jail for not more than a year, or fined up to $6,000, or subject to both a fine and imprisonment. If guilty of a felony, the defendant shall be punished by imprisonment in state prison for two, three, or four years, or fined up to $6,000 or subject to both a fine and imprisonment.

Moreover, upon conviction a court shall also consider issuing a protective order. A protective order is a court order prohibiting the defendant from any contact with the victim. This protective order may last for up to 10 years, as determined by the court. This protective order may be issued by the court whether the defendant is sentenced to state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation.