PENAL CODE 273.5 (a)

Another way domestic violence charges are filed is by inflicting an injury on the alleged victim that results in a “corporal injury,” or “traumatic condition.”  See Penal Code Section 273.5(a). The prosecutor must prove beyond a reasonable doubt that the person willfully and unlawfully used force on the alleged victim that caused a wound or bodily injury.

This charge is commonly referred to as a wobbler, a charge that can be filed as a misdemeanor or as a felony. The manner in which a domestic violence case is filed depends on the conduct alleged and the amount of injury sustained by the victim. The sentence range for domestic violence cases varies dramatically on these factors, but can include state prison if the injuries are significant, or if the accused has a prior criminal record, or a prior history of violence towards the victim.

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