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California Penal Code Section 243(d) PC: Battery Causing Serious Bodily Injury
California Penal Code Section 243(d) PC: Battery Causing Serious Bodily Injury
Battery causing serious bodily injury, also known as aggravated battery, is a serious criminal offense in California. Let’s take a look at what constitutes battery causing serious bodily injury under California law, penalties for this offense, and possible defenses.
What is Battery Causing Serious Bodily Injury?
Under California Penal Code Section 243(d), it is illegal to commit battery (any willful and unlawful use of force or violence upon another person) that causes serious bodily injury to the victim. Serious bodily injury means significant or substantial physical injury, like:
- Loss of consciousness
- Concussion
- Bone fracture
- Protracted loss or impairment of any bodily member or organ
- A wound requiring extensive suturing
- Serious disfigurement
Battery that results in minor injuries like bruises, scrapes, or cuts that only require minor medical treatment would not qualify as “serious bodily injury.”
Some key things to note about battery causing serious bodily injury:
- The injury has to be intentionally inflicted – accidentally harming someone would not qualify.
- The defendant only needs to intend to commit the act that results in injury, not specifically intend to cause serious injury.
- The offense can be committed through direct or indirect touching – for example, throwing an object at someone.
- The victim does not need to actually suffer serious bodily injury if the battery was likely to produce serious injury.
Penalties for Battery Causing Serious Bodily Injury
Battery causing serious bodily injury is a California wobbler offense. This means prosecutors have the discretion to charge it as either a misdemeanor or a felony.
Misdemeanor Charges
If charged as a misdemeanor, the potential penalties include:
- Up to one year in county jail
- A fine up to $2,000
- Informal probation
Felony Charges
If charged as a felony, the potential penalties include:
- Two, three or four years in California state prison
- A fine up to $10,000
- Formal probation
Prosecutors are more likely to pursue felony charges if the victim’s injuries are substantial, there is a large difference in size/strength between the defendant and victim (like an adult assaulting a child), or the defendant has a prior criminal record.
Legal Defenses
Some of the most common defenses against charges of battery causing serious bodily injury include:
- Self-defense or defense of others – Causing injury while reasonably defending yourself or someone else from imminent harm.
- Accident – You didn’t intend to harm the victim.
- False accusations – The alleged victim is falsely accusing you of battery.
- Misidentification – You were mistakenly identified as the perpetrator.
- Injury wasn’t that serious – The injury does not meet the legal definition of serious bodily injury.
An experienced California criminal defense attorney can evaluate the details of your case and advise you on the best defense strategies based on the specific circumstances.
Some other offenses related to battery causing serious bodily injury include:
- Simple Battery – Willful and unlawful use of force or violence upon another person without causing serious injury. This is a misdemeanor under California Penal Code 242 PC.
- Assault – Attempting to commit a violent injury on another person. This can be charged as a misdemeanor or felony under California Penal Code Section 240.
- Aggravated Assault – Assault involving a deadly weapon or force likely to produce great bodily injury. This is a wobbler under California Penal Code 245.
If the assault results in death, it could be charged as manslaughter or murder depending on the circumstances and intent of the defendant.
Recent Cases
Here are some recent real-world examples of charges under California Penal Code 243(d):
- In 2020, a man was charged with battery causing serious bodily injury after allegedly punching his sister in the face, resulting in a broken nose and fractured facial bones (Santa Cruz Sentinel).
- In 2019, a Sacramento man was convicted of felony battery causing serious bodily injury for punching a stranger in the face without provocation, resulting in multiple facial fractures (CBS Sacramento).
- In 2018, a man was charged with aggravated battery after kicking a woman in the stomach while she was pregnant, resulting in premature delivery of her baby (Mercury News).
What To Do If You Are Charged
If you have been charged with battery causing serious bodily injury under California Penal Code 243(d), it is critical to retain an experienced criminal defense attorney as soon as possible. A skilled attorney can argue to reduce or dismiss the charges against you and ensure your legal rights are protected.
An attorney can also advise you on plea bargains that may be available to reduce the charges. For example, pleading guilty or no contest to a simple battery charge in exchange for the aggravated battery charges being dropped. This can help minimize the penalties you face.
Never try to represent yourself in court against charges like this. Battery causing serious bodily injury is a complex area of criminal law requiring expert legal skills. The help of an attorney experienced in California assault and battery laws could make all the difference in the outcome of your case.
With the proper legal defense, many people charged with battery causing serious bodily injury are able to avoid jail time and felony convictions. Don’t leave your fate to chance – consult with a criminal defense lawyer as soon as possible.