Domestic Violence - Revision history

Sysop at 06:18, 24 May 2025

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	People v. Thurston (1999) 71 Cal.App.4th 1050.		People v. Thurston (1999) 71 Cal.App.4th 1050.

			==Single or multiple charges==

			People v. Thompson (1984) 160 Cal.App.3d 220

			People v. Healy (1993) 14 Cal.App.4th 1137

Sysop at 06:17, 24 May 2025

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	People v. Silva (1994) 27 Cal.App.4th 1160, 1166 [cert. for part. pub.]. “[Penal Code] Section 273.5 applies to ‘corporal injury resulting in a traumatic condition.’ ... Thus, a defendant who inflicts only ‘minor’ injury violates the statute.” See People v. Wilkins (1993) 14 Cal.App.4th 761, 771 [The victim had redness about her face, and her neck and nose were sore from being hit a few times in her face.].		People v. Silva (1994) 27 Cal.App.4th 1160, 1166 [cert. for part. pub.]. “[Penal Code] Section 273.5 applies to ‘corporal injury resulting in a traumatic condition.’ ... Thus, a defendant who inflicts only ‘minor’ injury violates the statute.” See People v. Wilkins (1993) 14 Cal.App.4th 761, 771 [The victim had redness about her face, and her neck and nose were sore from being hit a few times in her face.].


			Absence of traumatic condition

	People v. Abrego (1993) 21 Cal.App.4th 133 [cert. for part. pub.], where the defendant slapped or punched the victim five times to the head. At trial, the victim testified she felt no pain and was not injured or bruised. Before trial, the victim reported to police that she felt pain and tenderness where the defendant struck her. The officer did not observe any injury. Pain alone was held insufficient to be a traumatic condition. However, a sore throat—with medical testimony—in a strangulation case proved to be sufficient evidence of a traumatic condition in People v. Romero (discussed below).		People v. Abrego (1993) 21 Cal.App.4th 133 [cert. for part. pub.], where the defendant slapped or punched the victim five times to the head. At trial, the victim testified she felt no pain and was not injured or bruised. Before trial, the victim reported to police that she felt pain and tenderness where the defendant struck her. The officer did not observe any injury. Pain alone was held insufficient to be a traumatic condition. However, a sore throat—with medical testimony—in a strangulation case proved to be sufficient evidence of a traumatic condition in People v. Romero (discussed below).

			Causation of traumatic condition

			People v. Jackson (2000) 77 Cal.App.4th 574.

	===Attempted PC273.5===		===Attempted PC273.5===

	''People v. Kinsey'' (1995) 40 Cal.4th 1621		''People v. Kinsey'' (1995) 40 Cal.4th 1621

			==General intent==

			People v. Thurston (1999) 71 Cal.App.4th 1050.

Sysop: /* Strangulation */

2025-05-24T05:46:32Z

Strangulation

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	People v. Steger (1976) 16 Cal.3d 539 (Steger ), his conduct toward Doe during the incident was “ ‘an irrational and unjustifiable attempt’ to control her feelings and demeanor towards him (just as it was in Steger), but the specific, overriding purpose of his conduct was not to cause her extreme pain and suffering, even though pain and suffering resulted from that conduct.”		People v. Steger (1976) 16 Cal.3d 539 (Steger ), his conduct toward Doe during the incident was “ ‘an irrational and unjustifiable attempt’ to control her feelings and demeanor towards him (just as it was in Steger), but the specific, overriding purpose of his conduct was not to cause her extreme pain and suffering, even though pain and suffering resulted from that conduct.”

			Victims may protect themselves by pulling the suspect’s hair, pushing, biting, scratching, kicking, or attempting to use a weapon to defend themselves. Depending on the method of strangulation being used or other factors, the suspect may be the only individual with visible injuries.

	==Penal Code section 273.5==		==Penal Code section 273.5==

Sysop at 05:43, 24 May 2025

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	• How should prosecutors communicate with domestic violence victims when they want to drop the charges?		• How should prosecutors communicate with domestic violence victims when they want to drop the charges?

			==Investigation==
			Emergency 911 recordings should be reviewed in every case prior to disposition. They accurately capture the victim’s emotional state and often include: (1) statements about the incident; (2) the domestic violence history in the relationship; (3) the victim’s physical condition; (4) the suspect’s level of intoxication and/or use of drugs; (5) the presence of witnesses; (6) the presence of weapons; and (7) the existence of protective orders. The 911 call is a microphone into the violent incident and often records statements from children, witnesses, and/or the abuser.

			Spontaneous statement under Evidence Code section 1240

			BWCs can also capture the subtle signs and symptoms of strangulation such as redness to the face and neck, voice changes, and/or difficulty breathing.

			Evidence of unconsciousness includes loss of memory, an unexplained bump on the head, and bowel or bladder incontinence.

	==Relationships==		==Relationships==

Sysop: /* Prior domestic violence */

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Prior domestic violence

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	==Prior domestic violence==		==Prior domestic violence==

	~~[https://www.courts.ca.gov/opinions/documents/E075551.PDF~~ People v. Kiger (~~Mar. 30,~~ 2022~~, E075551~~)]		People v. Kiger (2022) 76 Cal.App.5th 1147


	Attempted domestic violence		Attempted domestic violence

	~~[https://www.courts.ca.gov/opinions/documents/E075551.PDF~~ People v. Kiger (~~Mar. 30,~~ 2022~~, E075551~~)]		People v. Kiger (2022) 76 Cal.App.5th 1147

	==Domestic Violence for Sentencing Purposes==		==Domestic Violence for Sentencing Purposes==

Sysop: /* Penal Code section 273.5 */

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Penal Code section 273.5

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	People v. Abrego (1993) 21 Cal.App.4th 133 [cert. for part. pub.], where the defendant slapped or punched the victim five times to the head. At trial, the victim testified she felt no pain and was not injured or bruised. Before trial, the victim reported to police that she felt pain and tenderness where the defendant struck her. The officer did not observe any injury. Pain alone was held insufficient to be a traumatic condition. However, a sore throat—with medical testimony—in a strangulation case proved to be sufficient evidence of a traumatic condition in People v. Romero (discussed below).		People v. Abrego (1993) 21 Cal.App.4th 133 [cert. for part. pub.], where the defendant slapped or punched the victim five times to the head. At trial, the victim testified she felt no pain and was not injured or bruised. Before trial, the victim reported to police that she felt pain and tenderness where the defendant struck her. The officer did not observe any injury. Pain alone was held insufficient to be a traumatic condition. However, a sore throat—with medical testimony—in a strangulation case proved to be sufficient evidence of a traumatic condition in People v. Romero (discussed below).

			===Attempted PC273.5===

			''People v. Kinsey'' (1995) 40 Cal.4th 1621

Sysop at 04:50, 24 May 2025

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	prosecutors should continue to consider charging strangulation as attempted murder, assault with the intent to cause great bodily injury, unlawful restraint, kidnapping, restraining order violations, criminal threats, assault with a deadly weapon, sexual assault, witness intimidation, animal abuse, child endangerment, and other related crimes.		prosecutors should continue to consider charging strangulation as attempted murder, assault with the intent to cause great bodily injury, unlawful restraint, kidnapping, restraining order violations, criminal threats, assault with a deadly weapon, sexual assault, witness intimidation, animal abuse, child endangerment, and other related crimes.

	prosecutors should continue to consider charging strangulation as attempted murder, assault with the intent to cause great bodily injury, unlawful restraint, kidnapping, restraining order violations, criminal threats, assault with a deadly weapon, sexual assault, witness intimidation, animal abuse, child endangerment, and other related crimes.		prosecutors should continue to consider charging strangulation as attempted murder, assault with the intent to cause great bodily injury, unlawful restraint, kidnapping, restraining order violations, criminal threats, assault with a deadly weapon, sexual assault, witness intimidation, animal abuse, child endangerment, and other related crimes.

			When a victim is threatened with death and strangled multiple times—whether manually and/or with a use of a ligature—and loses consciousness, prosecutors should consider charging attempted murder. There is no reason to continue applying pressure to a limp and unconscious individual unless you intend to kill the person. Continuing to apply pressure after loss of consciousness significantly increases the chances of brain damage and/or death.

	==Mission Statement==		==Mission Statement==

Sysop: /* Traumatic condition */

2025-05-24T04:44:35Z

Traumatic condition

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	United States v. Hall (9th Cir. 2005) 419 F.3d 980		United States v. Hall (9th Cir. 2005) 419 F.3d 980

	People v. Silva (1994) 27 Cal.App.4th 1160, 1166 [cert. for part. pub.]. “[Penal Code] Section 273.5 applies to ‘corporal injury resulting in a traumatic condition.’ ... Thus, a defendant who inflicts only ‘minor’ injury violates the statute.” See People v. Wilkins (1993) 14 Cal.App.4th 761, 771 [The victim had redness about her face, and her neck and nose were sore from being hit a few times in		People v. Silva (1994) 27 Cal.App.4th 1160, 1166 [cert. for part. pub.]. “[Penal Code] Section 273.5 applies to ‘corporal injury resulting in a traumatic condition.’ ... Thus, a defendant who inflicts only ‘minor’ injury violates the statute.” See People v. Wilkins (1993) 14 Cal.App.4th 761, 771 [The victim had redness about her face, and her neck and nose were sore from being hit a few times in her face.].
	her face.].
			People v. Abrego (1993) 21 Cal.App.4th 133 [cert. for part. pub.], where the defendant slapped or punched the victim five times to the head. At trial, the victim testified she felt no pain and was not injured or bruised. Before trial, the victim reported to police that she felt pain and tenderness where the defendant struck her. The officer did not observe any injury. Pain alone was held insufficient to be a traumatic condition. However, a sore throat—with medical testimony—in a strangulation case proved to be sufficient evidence of a traumatic condition in People v. Romero (discussed below).

Sysop: /* Traumatic condition */

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Traumatic condition

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	Pen. Code, § 273.5, subd. (d): As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck.		Pen. Code, § 273.5, subd. (d): As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck.

	People v. Beasley (2003) 105 Cal.App.4th 1078		People v. Beasley (2003) 105 Cal.App.4th 1078, where the victim had been beaten with a rod on three separate occasions causing bruising. Although the assault did not involve strangulation, the court found that bruising constituted a traumatic condition and that there was sufficient evidence to support the defendant’s felony conviction for that incident. However, as to the other incidents, the victim did not testify to any injury and there were no other witnesses who had observed injuries.

	United States v. Hall (9th Cir. 2005) 419 F.3d 980		United States v. Hall (9th Cir. 2005) 419 F.3d 980

Sysop: /* Strangulation */

2025-05-24T04:43:07Z

Strangulation

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	==Strangulation==		==Strangulation==

			People v. Sexton (2019) 37 Cal.App.5th 457

			People v. Covino (1980) 100 Cal.App.3d 660 where the force of the defendant’s assault by strangulation was likely to produce a serious injury although the victim only had redness to her neck and pain to her throat under section 245.



	"The significance of manual strangulation is not a matter of common knowledge and is the proper subject of expert testimony." (People v. Jackson (2013) 221 Cal.App.4th 1222, 1240.)		"The significance of manual strangulation is not a matter of common knowledge and is the proper subject of expert testimony." (People v. Jackson (2013) 221 Cal.App.4th 1222, 1240.)