Are PC 273.5(a) Charges Ever Fabricated by the Alleged Victim?

February 2, 2023

Penal Code 273.5(a) pc makes it a crime for a person to inflict corporal injury on a spouse or cohabitant. This offense is considered a “wobbler,” meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant’s criminal history.

However, it is possible, and unfortunately common, for an alleged victim to fabricate these charges. This can happen for a variety of reasons, such as seeking revenge or wanting to gain an advantage in a legal dispute, such as a divorce or custody battle.

One common way that an alleged victim might fabricate charges is by exaggerating or making up injuries. For example, they may claim that they were physically assaulted when in reality, the altercation was minor or never even occurred. They may also exaggerate the severity of injuries, such as claiming to have broken bones when in reality they only had a bruise.

Another way that an alleged victim might fabricate charges is by lying about the circumstances of the incident. For example, they may claim that the altercation occurred in the home when it actually happened in a public place, or they may claim that the altercation occurred in the presence of children when in reality, the children were not present.

It is also possible for an alleged victim to falsely accuse another person of committing the crime. This can happen when the victim is trying to frame someone or when they want to get someone else in trouble.

In any case, it is important to remember that the burden of proof is on the prosecution in a criminal case. This means that the prosecution must prove the defendant’s guilt beyond a reasonable doubt. If the prosecution cannot prove that the defendant committed the crime as alleged, the defendant should be found not guilty.

It is also important to note that fabricating charges is a serious crime in itself. If an alleged victim is found to have knowingly made false accusations, they can be charged with perjury or filing a false police report, both of which are punishable by law. Unfortunately, however, prosecuting an alleged victim for a fabricated crime is rare.

In conclusion, while PC 273.5(a) charges can be serious and have serious consequences, it is important to remember that it is possible for an alleged victim to fabricate charges. It is important for defendants to have a strong defense and for the prosecution to thoroughly investigate the case to ensure that justice is served.

If you’ve been arrested or charged with domestic violence, then you need to protect your rights with an experienced Orange County criminal defense attorney. Call us today to schedule a free confidential consultation.

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