Morris Law is a Berkeley criminal defense law firm. Call (510) 350-3225 for a free case review of your corporal injury (pc 273.5) case. Corporal Injury (PC 273.5) in California is prosecuted under California Penal Code §273.5. All Berkeley cases are heard at the Alameda County courthouses in Downtown Oakland. Seth Morris spent years in those courthouses as a Deputy Public Defender.

What is corporal injury (pc 273.5) under California law?

Berkeley Corporal Injury Lawyer — Morris Law

Corporal injury to a spouse or cohabitant is prosecuted under Penal Code §273.5. It is charged when a person willfully inflicts corporal injury resulting in a traumatic condition upon a spouse, former spouse, cohabitant, former cohabitant, fiancé, fiancée, dating partner, or parent of the defendant’s child. PC §273.5 is a wobbler — misdemeanor or felony — and carries collateral consequences including firearm bans and custody presumptions.

Penalties for corporal injury (pc 273.5) in California

Below are the specific penalties Morris Law sees for corporal injury (pc 273.5) cases in Alameda County:

  • Misdemeanor: up to 1 year county jail and $6,000 fine
  • Felony: 2, 3, or 4 years state prison and up to $6,000 fine
  • Mandatory 52-week batterer’s program under PC §1203.097
  • Criminal Protective Order (PC §136.2) during pendency of case
  • 10-year California firearm ban under PC §29805; lifetime federal ban under 18 U.S.C. §922(g)(9)
  • Rebuttable custody presumption against the defendant under Family Code §3044
  • Enhancement under PC §273.5(f)(1) — 2, 4, or 5 years for prior PC §273.5 or §243(e)(1) conviction within 7 years

Collateral consequences — professional licensing, immigration status, firearm rights — often exceed the direct sentence. We assess collateral exposure at the start of every case.

How Morris Law defends corporal injury (pc 273.5) cases in Berkeley

Every case is different, but the defense strategies below are the ones that most often produce dismissals, reductions, and acquittals in corporal injury (pc 273.5) cases:

  • Self-defense under PC §198 — reasonable belief in imminent threat with proportional force is a complete defense.
  • False accusation — DV allegations are common in custody and divorce disputes. Motive-to-fabricate and prior threats to ‘call the cops’ are investigated.
  • Accidental injury — PC §273.5 requires willful infliction of a traumatic condition. Falls during arguments, attempts to restrain, or mutual scuffles may not meet the statute.
  • Lack of traumatic condition — the injury must be a wound or external or internal injury caused by physical force. Bruises may or may not qualify depending on the fact-finder.
  • Recanting witnesses — many DV cases proceed even when the alleged victim recants. We cross-examine responding officers, challenge admissions under Evidence Code §1370, and force the prosecution to prove the case beyond reasonable doubt.
  • Crawford / Confrontation Clause challenges — statements at the scene may be testimonial under Crawford v. Washington and inadmissible if the accuser refuses to testify.
  • PC §17(b) reduction — felony wobbler reduced to misdemeanor at preliminary hearing, sentencing, or post-probation.

What to do if you are arrested for corporal injury (pc 273.5) in Berkeley

Most Berkeley arrests are made by the Berkeley Police Department (BPD). UC Berkeley Police handle arrests on campus and in university housing. Alameda County Sheriff and CHP also make arrests. Take these steps:

  1. Invoke your right to counsel. Under Miranda v. Arizona, you must clearly say you want a lawyer, then stop talking.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent. Refuse politely.
  3. Call Morris Law at (510) 350-3225. We answer 24 hours a day.
  4. Preserve evidence. Photograph injuries, damage, or torn clothing. Note officers’ names, badge numbers, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible.
  6. Write down your account for your attorney. Record what happened while events are fresh.

Why Berkeley residents choose Morris Law for corporal injury (pc 273.5) defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. What we bring to every case:

  • Seth Morris was a Deputy Public Defender in Alameda County. He defended clients in the exact courthouses where Berkeley cases go.
  • More than 25 jury trials, including life-in-prison exposure cases.
  • Federal recognition on police body cameras and 4th Amendment litigation. Obama Task Force on 21st Century Policing contributor.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC, NBC Bay Area, KQED, KALW.
  • Berkeley office at 2025 Rose St #200. Serves Berkeley, Albany, El Cerrito, Kensington, Emeryville.
  • 24/7 phone access at (510) 350-3225.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

How corporal injury (pc 273.5) cases move through Alameda County

Stage Where Timing
Arrest Berkeley — often by BPD Day 0
Booking Glenn E. Dyer or Santa Rita Jail Day 0–1
Arraignment Wiley W. Manuel or René C. Davidson Within 48 hours in custody
Preliminary hearing (felony) René C. Davidson Courthouse Within 10 court days in custody
Trial Wiley W. Manuel or René C. Davidson Within 60 days if not waived

Corporal Injury (PC 273.5) defense — Frequently Asked Questions

What is the difference between PC 273.5 and PC 243(e)(1)?

Both are domestic violence crimes. PC §273.5 (corporal injury) requires a visible or traumatic injury to a spouse, cohabitant, or co-parent — it is a wobbler with up to 4 years state prison. PC §243(e)(1) (domestic battery) is the lesser misdemeanor: any unwanted touching of a partner, no injury required, maximum 1 year jail.

Will the case be dropped if my partner does not want to press charges?

Not automatically. The Alameda County District Attorney — not the alleged victim — decides whether to file or dismiss charges. Once a report is made, prosecutors often proceed over the alleged victim’s objection. A recanting accuser affects case strength but does not end it.

Does a PC 273.5 conviction take away my gun rights?

Yes. Under federal law (18 U.S.C. §922(g)(9), the Lautenberg Amendment), any misdemeanor ‘crime of domestic violence’ triggers a lifetime firearm ban. California adds a 10-year ban under PC §29805. Even completed diversion may not restore federal firearm rights.

Where do Berkeley criminal cases go to court?

Berkeley cases go to the Alameda County Superior Court. Misdemeanors and traffic go to the Wiley W. Manuel Courthouse (661 Washington St, Oakland). Felonies go to the René C. Davidson Courthouse (1225 Fallon St, Oakland). Our attorneys appear at both regularly.

Who is Seth Morris?

Seth Morris founded Morris Law in 2021. He earned his JD at UC Berkeley School of Law in 2006, served as a Deputy Public Defender in Alameda County, and has tried more than 25 jury trials — including cases with life-in-prison exposure. He helped develop the national Body Camera Toolkit for President Obama’s Task Force on 21st Century Policing.

How quickly can I meet with a Berkeley criminal defense lawyer?

Same day, in most cases. Attorneys are reachable 24 hours a day at (510) 350-3225. If a family member has been booked at Berkeley Police Department or transferred to Santa Rita Jail, we can arrange contact within hours.

Get a free corporal injury (pc 273.5) case review

Talk to a Berkeley criminal defense lawyer today. Call (510) 350-3225 or use our online form. Free case review. 24-hour phone. Berkeley office at 2025 Rose St #200.

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