Defending Against a 273.5 PC Charge in California

If you receive a 273.5 PC charge in California, it’s essential to reach out for professional legal help right away. Besides leading to potential prison time, this charge is considered an aggravated felony under federal immigration law. Because of this, it can result in an immediate change to your immigration status and deportation. If you aren’t careful, it can also harm future employment prospects and child custody arrangements.

In California, a 273.5 PC charge is when you violate Penal Code 273.5 (PC 273.5). You receive this type of criminal charge if you cause a corporal injury to your spouse, domestic partner,or someone who lives with you.

Under the law, there is no difference between corporal injury and domestic violence. When the law talks about corporal injury to a spouse, it’s referring to domestic violence cases.

A 273.5 charge can be processed as a misdemeanor or a felony, which is why it is known as a wobbler offense. It’s basically up to the court to determine how it is processed based on the violation’s severity.

If it is charged as a misdemeanor, you can receive:

• Up to a year in jail
• Fines worth up to $6,000

For violations that are charged as a felony, you can be punished through:

• Two, three, or four years in prison
• Up to $6,000 in fines

However, someone who has a previous criminal history may be punished by up to five years in prison and $10,000 in fines.

When it comes to custody disputes, any domestic violence conviction is going to make gaining custody harder. Similarly, any conviction for violent crimes or crimes involving moral turpitude will likely lead to your deportation. You need an attorney who understands the intricacies of these legal fields, so you don’t end up getting punished

Getting a 273.5 dismissed is your best course of action. To do this, you should start by reaching out to a skilled attorney. Then, your criminal defense lawyer can review your case to figure out which defense makes the most sense. The following list includes just a few of the possible defenses that you can use.

• I didn’t do it: This defense is basically that you didn’t do it at all. If you were out of state, on the clock, or similarly engaged, you can use evidence from these activities to exonerate yourself.
• Someone else did it: If someone else caused the injuries, you may need to get witness statements or physical proof to show that someone else did it.
• It was an accident: To show that the injuries were caused by an accident, you will need evidence or witness testimony. For instance, you can show evidence of the roof repairs and the bloody hammer you dropped on accident from the rooftop.
• I did it in defense: If your partner was injured because you were defending yourself from their attack, you may have defensive wounds to show for it or witness testimony to back up what happened.
• The other party is lying: Proving that the other party is lying can be challenging unless they withdraw their statement. A good starting point is reviewing the evidence and injuries to see where it differs from the other person’s statement.
• There simply isn’t enough proof: As the defendant, you aren’t obligated to prove with absolute certainty that something didn’t happen. You simply have to show that it’s possible that events didn’t occur in the same way that the prosecutor is describing. The prosecutor must prove their case beyond a reasonable doubt. Otherwise, you win.

If you are dealing with a 273.5 PC charge, don’t try to deal with your case on your own. With professional legal assistance, you can figure out the best defense for your situation.

For more information, give us a call today.