If you have been arrested for domestic violence in California the charge will most likely fall under Penal Code 243(e)(1) (domestic battery) or Penal Code 273.5 (corporal injury to a spouse or cohabitant). These are the two most common domestic violence offenses in our courts and they carry very different consequences. The difference between them can determine whether your case is treated as a misdemeanor or a felony or whether you face jail and how your future is impacted in terms of employment, custody, and professional licensing.
A skilled PC 273.5 lawyer knows how to challenge the allegation of visible injury that prosecutors must prove while an experienced PC 243(e)(1) attorney understands how to fight cases where there are no injuries but the state still pursues charges. It is important for you to know which statute you face and working with the right defense team is critical when everything is at stake.
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If you or a loved one has just been arrested for domestic violence in Los Angeles. You have to understand that timing is critical. We offer a free and confidential consultation to help you understand your legal options and help you take immediate steps to protect your future.
What Happens When You Are Arrested
We have represented many individuals across Los Angeles County who were charged under one of these statutes. For many, it was their first arrest with no criminal record or no history of violence and enormous fear about what lay ahead. These cases often start with an argument that escalates. A moment of emotion that leads someone to dial 911 or even a well-meaning neighbor calling the police after hearing voices raised.
Officers make quick decisions based on what they see and what they are told but those decisions do not always reflect the full truth. The charge listed on the complaint may not match what actually happened and prosecutors often move forward even when the facts are unclear. That is why it is so important to speak with a domestic violence defense lawyer immediately after an arrest.
Penal Code 243(e)(1): Why You Need a PC 243(e)(1) Attorney
Penal Code 243(e)(1) is California’s most frequently charged misdemeanor domestic violence offense. It applies when there is physical contact considered harmful or offensive between people who are closely connected such as a spouse, a former spouse, someone you are dating, living with or the co-parent of your child. The key element is that no visible injury is required.
This means a push, a grab or even a brief unwanted touch can result in an arrest. Many clients are shocked to learn that they can face prosecution for domestic battery even when no medical treatment was needed and no marks were visible.
Because of California’s mandatory arrest policy the officers are required to take someone into custody if they believe intentional contact occurred. That single decision sets the court process in motion regardless of whether the other person wants to press charges.
An experienced PC 243(e)(1) attorney knows how to defend these cases by challenging the officer’s interpretation of events, showing inconsistencies in statements, and pointing out when there is no physical evidence to support the charge.
Penalties under PC 243(e)(1) can include up to one year in county jail and mandatory domestic violence counseling, community service or labor requirements and a ten-year firearm ban. A conviction can also impact immigration status, professional licenses and custody determinations in family court.
Penal Code 273.5: How a PC 273.5 Lawyer Can Defend You
Penal Code 273.5 is the more serious of the two statutes because it requires proof of a visible or documented injury to the alleged victim. This can include even minor trauma such as a bruise, red mark, swelling or scratch. Medical records are not necessary; if the officer believes an injury is present that alone may lead to this charge.
PC 273.5 is a “wobbler,” which means the prosecution can file it as a misdemeanor or a felony depending on the facts. The severity of the injury including the relationship history and any prior arrests all play a role in the decision.
If filed as a felony, penalties may include two to four years in state prison with large fines, a lifetime firearm ban and long-term consequences for jobs, housing, and custody.
A skilled PC 273.5 lawyer will often challenge whether the injury was caused by force, whether it happened at the time alleged and whether the evidence is consistent with the story told to police. In many cases, we have been able to show that the injury came from another source or that it was not consistent with assault.
PC 273.5 vs PC 243(e)(1): Key Differences
| Charge | Injury Required? | Misdemeanor or Felony? | Max Penalty | Who You Need |
| PC 243(e)(1) – Domestic Battery | No visible injury required | Always a misdemeanor | Up to 1 year in county jail | PC 243(e)(1) attorney |
| PC 273.5 – Corporal Injury | Visible or documented injury required | Misdemeanor or felony (“wobbler”) | Up to 4 years in state prison | PC 273.5 lawyer |
These differences affect not only sentencing but also eligibility for diversion programs, firearm rights, immigration status, and professional licenses.
Defense Strategies
Defenses a PC 243(e)(1) Attorney May Use
Showing the contact was accidental or not intentional. Demonstrating no physical evidence exists. Highlighting inconsistencies in witness or officer accounts. Proving the alleged victim has a motive to exaggerate or fabricate.
Defenses a PC 273.5 Lawyer May Raise
Challenging the cause or source of the injury. Presenting alternative medical explanations for marks or swelling. Arguing that the injury does not match the allegation. Questioning the credibility of photographs or police assumptions.
In both cases, early intervention by a defense attorney can sometimes prevent charges from being filed at all.
What If the Other Person Doesn’t Want to Press Charges?
One of the most common questions people ask is whether the case can be dropped if the other person does not want to pursue it. Unfortunately, in California the answer is usually no. Once you are arrested the case belongs to the District Attorney and not the individual.
Prosecutors are trained to assume that victims often recant due to fear or pressure. So they may continue even when the person asks them to stop. They will rely on officer reports, body camera footage, 911 recordings and witness statements to move forward. This is why hoping a case will disappear is rarely effective. You need a lawyer who knows how to challenge the evidence head-on.
Why Hiring the Right Lawyer Matters
If you are charged under PC 243(e)(1) or PC 273.5, the attorney you choose can make the difference between jail, probation or dismissal. These cases affect more than your criminal record; they can influence custody, immigration status, your right to own a firearm and your future job opportunities.
In Los Angeles, cases are most often heard at the Clara Shortridge Foltz Criminal Justice Center downtown, the Van Nuys Courthouse, the Airport Courthouse near LAX and the Pasadena and Torrance courthouses. Each courthouse has its own prosecutors and judges with different approaches to domestic violence cases. Having a lawyer who regularly appears in these courts gives you a significant advantage because they understand local procedures, tendencies and diversion opportunities that might not be available everywhere.
At Sitkoff Law Group, we have defended countless clients against both statutes. We know how prosecutors build these cases and we know where they fall short. Whether you need a PC 273.5 lawyer or a PC 243(e)(1) attorney, we will use our experience as former prosecutors to protect your rights and your future.
Contact Sitkoff Law Group Today
If you or someone you love has been arrested for domestic violence in California, do not wait. The earlier a lawyer gets involved, the more options you have to fight back. Call us today for a confidential consultation with a PC 273.5 lawyer or PC 243(e)(1) attorney who understands the stakes and knows how to defend you in Los Angeles County courts including downtown Los Angeles, Van Nuys, Torrance, Pasadena and the Airport Courthouse
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. Every case is different, and results may vary. Please consult a qualified attorney for advice specific to your situation.