If you have been charged with Domestic Violence under
California Penal Code 273.5 in San Bernardino or Rancho Cucamonga? Call our San Bernardino and Rancho Cucamonga criminal defense attorney today for a FREE consultation. Our
San Bernardino criminal defense law firm is dedicated to defending individuals charged with
felonies in San Bernardino and in the Rancho Cucamonga Superior Court.
Rancho Cucamonga Domestic violence charges can result in either a
felony charge depending on the nature of the injuries. This is called a wobbler. Despite your Rancho Cucamonga criminal charges you will need a experienced
criminal defense attorney to avoid jail and preserve your reputation.
§ 273.5. Infliction of injury on present or former spouse or cohabitant or parent of child; Punishment; Conditions of probation
(a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former co-habitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a fel-ony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.
(b) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section.
(c) As used in this section, "traumatic condition" means a condition of the body, such as a wound or external or in-ternal injury, whether of a minor or serious nature, caused by a physical force.
(d) For the purpose of this section, a person shall be considered the father or mother of another person's child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code.
(e)(1) Any person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by im-prisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000).
(2) Any person convicted of a violation of this section for acts occurring within seven years of a previous convic-tion under subdivision (e) of Section 243 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine.
(f) If probation is granted to any person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097.
(g) If probation is granted, or the execution or imposition of a sentence is suspended, for any defendant convicted under subdivision (a) who has been convicted of any prior offense specified in subdivision (e), the court shall impose one of the following conditions of probation:
(1) If the defendant has suffered one prior conviction within the previous seven years for a violation of any offense specified in subdivision (e), it shall be a condition thereof, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 15 days.
(2) If the defendant has suffered two or more prior convictions within the previous seven years for a violation of any offense specified in subdivision (e), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 60 days.
(3) The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivi-sion shall not be imposed and shall state on the record its reasons for finding good cause.
(h) If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may in-clude, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements:
(1) That the defendant make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.
(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense.
For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay di-rect restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as op-erative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.