Battery causing serious bodily injury is a severe criminal charge. California law recognizes that this crime should be punished more severely, regardless of the types of injury the victim has suffered. On that note, you can be subject to a lengthy incarceration period, hefty fines, and other long-term repercussions upon conviction. You want to seek legal help immediately if you are arrested for this crime, as early intervention can help you successfully prove your innocence.
At Leah Legal Criminal Defense Attorney, we can help you defend against charges of battery causing serious bodily injuries, just as we have helped many others facing the same and other criminal charges throughout Los Angeles and the surrounding areas. We will thoroughly assess evidence of the victim’s injury, witness statements, and police reports to develop a strategic defense customized to your specific charges. We always strive to attain the most favorable outcome for our clients. Do not hesitate to contact us to share your case details.
California’s Definition of Battery Causing Serious Bodily Injury
In California, the criminal offense of battery causing serious bodily injury is also known as aggravated battery and is described under Section 243(d) of the Penal Code. Under this Section, aggravated battery means unlawfully and willfully touching someone else offensively and harmfully, inflicting a serious physical injury.
PC 242 sets forth the basic elements of the crime of battery. This law describes a simple battery, which only necessitates unlawful or unwelcome physical contact. However, if the involved victim sustained serious physical harm, the prosecution can charge you under PC Section 243(d).
Additionally, the Penal Code has code sections describing battery against specific persons, including police officers, peace officers, emergency response technicians, firefighters, and school employees, among other groups. The California Penal Code additionally establishes distinct statutes about battery in the context of elder abuse, domestic violence, and sexual battery.
The kind of criminal charges you are subject to depends on the facts surrounding the offense. California laws permit the prosecution to pursue aggravated battery or aggravated assault charges in the most severe cases. The prosecuting attorney must prove aggravating circumstances to enhance the criminal charges against an accused person.
For example, using a dangerous weapon is usually deemed an aggravating factor that can increase charges to aggravated battery or aggravated assault. Another aggravating factor is battery or assault, intending to perpetrate a felony like rape or murder.
Elements The Prosecution Must Prove
For the judge or jury to convict you of violating Sec. 243(d) of the Penal Code, the prosecuting attorney must prove three basic elements. These include the following:
- You unlawfully and willfully touched the supposed victim harmfully or offensively
- The supposed victim sustained severe bodily harm due to the touching or force
- You were not defending yourself or another person
For the jury or judge to find you criminally liable for aggravated battery, you need to have willfully touched someone else. Willfully touching someone means doing so purposefully. It does not necessarily mean you meant to violate the law, gain benefits, or hurt somebody else. Put otherwise, you need not have meant to commit aggravated battery to be convicted of the wrongdoing. However, you must have meant to do the act that inflicted the serious bodily harm.
Consider this example. Jennie and Norah are co-workers. One day, they argue over a subject at the office, and they both lose their cool. Jennie takes a paper punch and hurls it in Norah’s direction. It unintentionally hits Norah in the eye, causing an eye injury. Jennie never meant to hit Norah with the paper punch. However, she did mean to hurl it, an act that made it likely it would strike her and cause injury. So, Jennie may be convicted of violating Section 243(d) of the Penal Code.
Another essential element that the prosecution must demonstrate for you to be convicted is offensive or harmful touching. Offensive or harmful touching is rude, violent, disrespectful, or angry.
Consider this example. Jeanine and Mario are colleagues. Jeanine strongly dislikes Mario. One day, Jeanine’s other friend, Stellah, tells her that Mario has been bothering her. Jeanine becomes angry, goes over to Mario, and forcefully shoves him. The shove sends Mario slipping and falling, breaking his ankle. Jeanine’s touching was angry and violent, and it resulted in a severe injury. Thus, the jury might find her guilty of violating Section 243(d) of the Penal Code.
You “touch” someone whenever you make bodily contact with them, even via their clothing. Offensive touching could also be achieved indirectly by having somebody else or something touch the supposed victim. Touching can also involve coming into contact with something linked to an individual’s body that is not part of their body. For example, if you forcefully knocked an item out of the victim’s hand or kicked a bicycle they were riding, and your act resulted in the victim suffering serious harm, you may be guilty of violating 243(d) PC.
The phrase “serious bodily injury” means any severe impairment of somebody’s physical condition, irrespective of whether the person needs to undergo medical treatment. Courts in California have ruled that the following types of injuries be categorized as “serious bodily injury.”
- Broken teeth
- Wounds on the lips and eyebrows necessitating sutures
- A cut beneath the eye necessitating 8 stitches
- Losing consciousness
- Losing a tooth
- Broken bones, disfigurement, or bone fractures
- Stab wounds
- Scarring
- Organ damage
- Paralysis
- Second- and third-degree burns
- Severe disfigurement
- Torn ligaments
- Dislocations
- Sprains
- Limb loss
Serious vs. Great Bodily Injury
Among the most confusing elements of battery causing serious bodily harm is the distinction between serious bodily injury and great bodily injury (GBI). Under 12022.7 PC, should a jury determine that the involved victim sustained a “GBI,” your felony aggravated battery sentence may be subject to an enhancement. The key difference between great bodily injury and serious bodily injury is that GBI refers to substantial physical injuries like gunshot wounds, broken bones, concussions, and contusions. On the other hand, serious bodily injuries are injuries considered ordinarily severe.
Serious bodily injury is the injury level needed to demonstrate charges under Section 243(d) of the Penal Code. On the other hand, GBI is a sentencing increment that requires evidence of substantial injury. Generally, GBI is deemed a higher standard than serious bodily injury. Not all aggravated battery accusations qualify for a “great bodily injury” enhancement. Determining whether an injury is serious or great depends on the facts of the case and is left to the jury.
Defending Against 243(d) PC Violation Charges
The following defenses are highly effective in fighting against aggravated battery charges:
The Victim Did Not Suffer Serious Injuries
You can only be charged under PC 243(d) if you did batter someone and caused them to sustain a severe injury or injuries. Therefore, you can argue that whereas you might have battered someone, the supposed victim never suffered severe injury. In which case, you can be convicted under PC 242, simple battery.
To demonstrate this defense, your lawyer can subpoena a medical expert to testify to prove that the injury the supposed victim suffered does qualify to be considered “serious.”
You Were Defending Yourself or Someone
Self-defense is a valid defense strategy against aggravated battery charges when the following is factual:
- You had reason to believe you (or somebody else) were in immediate danger of sustaining bodily injury
- You had reason to believe that you had to immediately use force to protect yourself or that party against the looming danger.
- The degree of force you applied was not more than you reasonably required to fight against the danger.
To demonstrate this defense, you can, with your lawyer’s help, gather evidence such as eyewitness accounts and video surveillance footage. This evidence can prove that your action was justified, given the specific circumstances.
The Act Was Accidental
The judge or jury cannot convict you of violating 243(d) PC if you never willfully touched the supposed victim, that is, when the whole incident was accidental. Therefore, if you unintentionally tripped and fell onto a person in a busy crowd or shoved them, the jury should not convict you of this offense.
To prove that your action was unintentional, your lawyer can work with an accident reconstruction expert. The expert may successfully prove that there is no way what happened could have been deliberate.
Police Misconduct in Violation of Your Rights
In most cases, the police officers’ own dashcam and bodycam footage has all the evidence necessary to prove their misconduct. If the law enforcement officer in your case conducted a false arrest or an unlawful search, entrapped you, or coerced your confession, your lawyer can request the judge to drop your charges or suppress the evidence that the officer illegally obtained.
Mistaken Identity
Maybe the accused wrongly identified you in a lineup. That is not uncommon, particularly if the act happened in the dark and the perpetrator was masked. If that is the case, your attorney can rely on an alibi, video surveillance, and GPS devices to place you far away from the crime scene. The lawyer can also subpoena character witnesses who can vouch for you and testify that you could never have committed aggravated battery.
You Acted Under Necessity or Duress
If any sensible person faced with the same circumstances you were faced with would have perpetrated the crime because somebody physically threatened them or there was an emergency that warranted the act, the prosecution might agree to drop your charges. Your lawyer can rely on eyewitness accounts and video footage to argue this defense strategy.
Insufficient Evidence
For the jury to find you criminally liable under 243(d) PC, the prosecuting attorney must demonstrate all the required elements beyond a reasonable doubt. That is, they must show that you unlawfully and willfully touched the victim, your touching was offensive or harmful, the touching caused the victim to suffer serious bodily harm, and you were not acting in self-defense. If the prosecuting attorney fails to substantiate even one of these elements, you may not be found guilty of PC 243(d) violation for a lack of sufficient evidence. Your lawyer can poke holes into the prosecution’s evidence, making it weak and unable to prove the allegations against you.
False Allegations
In some instances, a supposed victim will make wrongful accusations of aggravated battery out of jealousy, revenge, or to obtain the upper hand in a child custody dispute against their partner. In these kinds of cases, these victims may exaggerate or mischaracterize injuries. If you have faced a false allegation for aggravated battery, your lawyer may successfully prove your genuine side of the story, and the jury will be able to see that the supposed victim lacks credibility.
Consequences of Aggravated Battery
California law classifies aggravated battery as a wobbler violation. That means, based on the facts of the case and the defendant’s criminal record, it can be prosecuted as a felony or a misdemeanor. A misdemeanor conviction is punishable by a court fine not exceeding $1,000 and no more than 12 months in custody. A felony conviction carries a sentence of 2, 3, or 4 years in prison and a fine not to exceed $10,000.
Your incarceration period will be enhanced by 3 to 6 years in prison if the injury the victim suffered is considered “great bodily injury” per PC 12022.7. A great bodily injury is more severe than a serious bodily injury.
Since this crime is deemed a wobbler, early intervention by a skilled criminal defense counsel may determine whether it is prosecuted as a felony or misdemeanor.
Crimes Related to Aggravated Battery
Various crimes are related to aggravated battery because they share certain elements. Therefore, based on the facts of the case, the prosecution can charge you with any of these crimes alongside or instead of battery with serious bodily injury. Some of these crimes are the following:
PC 242, Simple Battery
California PC 242 describes simple battery as willfully and unlawfully using violence or force on somebody else, even when the violence or force did not inflict actual pain or injury. If you are accused of aggravated battery, a good lawyer can help you negotiate the charges down to simple battery, which carries more lenient consequences. Alternatively, if the prosecution charges you with aggravated battery and they cannot prove all the elements of the crime, they can lower the charges to simple battery.
The law considered violating PC 242 a misdemeanor. A conviction carries a $1,000 fine and a maximum of six months in county jail. However, a skilled lawyer can help you negotiate a reduction in the charges or their full dismissal without a court trial.
PC 240, Simple Assault
Assault or simple assault is described under PC 240 as the illegal attempt, accompanied by the present capability, to inflict a violent injury upon someone else. Throwing a stone at a person, though it ends up missing, is an example of assault. The law considers assault a misdemeanor violation carrying up to 6 months in county jail and a fine of not more than $1,000 upon conviction.
PC 203, Mayhem
PC 203 describes mayhem as maliciously and unlawfully attacking someone else in a manner that causes disability or disfigurement. If you battered the victim in a manner that disfigured them or caused them a disability, the D.A. can accuse you of mayhem alongside or instead of aggravated battery. Mayhem is considered a felony violation. A conviction carries a maximum of eight years in state prison and a court fine of no more than $10,000.
PC 245(a)(1), Assault with a Deadly Weapon
PC 245(a)(1) describes assault with a deadly weapon (ADW) as attacking or trying to attack someone using a dangerous weapon capable of inflicting great bodily injury or death. This crime is a wobbler. A misdemeanor conviction is punishable by informal probation, a one-year jail sentence, and up to $1,000 in fines. A felony conviction carries a felony probation, a prison term of two, three, or four years, and up to $10,000 in fines.
PC 243(e)(1) Domestic Battery
PC 242(e)(1) describes domestic battery as willfully touching your intimate partner offensively or harmfully. Your offensive partner could be your co-parent, ex- or current significant other, or cohabitant. Violating PC PC 242(e)(1) is a misdemeanor offense. A conviction carries a 12-month jail sentence and a court fine of up to $2,000. You may be sentenced to informal probation instead of county jail. A judge can also issue a restraining order, requiring you not to threaten, harass, or harm the victim.
Penal Code 243.4, Sexual Battery
PC 243.4 criminalizes sexual battery, also known as sexual assault. This crime is touching someone else’s private parts without their permission to achieve sexual abuse, arousal, or gratification. Sexual assault is often a misdemeanor. However, it is charged as a felony when the victim involved was medically incapacitated, unconscious, or restrained.
If the jury convicts you of a misdemeanor sexual battery, you may be subject to six months in county jail, a court fine of not more than $2,000, informal probation for no more than five years, and the requirement to register as a level 1 sexual offender for at least ten years. If the victim involved were your worker, you would face a fine of no more than $3,000.
If convicted of a felony sexual assault, you will face four, three, or two years in state prison (and an additional three to five years in state prison if the supposed victim suffered great bodily injury), a maximum fine of $10,000, formal probation, and registration as a level 3 sexual offender, which requires lifetime registration.
Long-Term Repercussions of Aggravated Battery
The consequences of aggravated battery do not end with fines and incarceration. Being convicted of this crime results in a criminal record that can impact many aspects of your life, including immigration status, professional licensing, and employment. Usually, employers conduct criminal background checks, and an aggravated battery conviction, especially a felony conviction, may make it challenging to secure a job that requires trust or involves working with the general public.
If you are a non-citizen, an aggravated battery conviction may be deemed a crime of moral turpitude. Such crimes can result in deportation or render you ineligible for specific immigration benefits. An experienced defense attorney can work to mitigate these long-term repercussions by negotiating alternative resolutions or reduced charges.
How a Criminal Defense Lawyer Can Help
Aggravated battery charges can be stressful and complex. However, you need not navigate the criminal process alone. A skilled lawyer can ensure your rights are protected at all stages of the legal process. Your attorney can start by doing a comprehensive investigation into the facts surrounding your case, reviewing police reports, and interviewing witnesses. In addition, they can file a motion to suppress any evidence obtained unlawfully or contest any improper police procedures.
In many instances, a defense lawyer can negotiate with the prosecuting attorney to lower the charges to a much lesser offense, like simple battery, which carries lenient penalties and might not have the same effect on your criminal record. If the prosecution’s evidence is especially weak, your lawyer may successfully have the charges against you dismissed before trial.
If a plea deal cannot be reached, your attorney can argue a compelling defense during trial, cross-examine the prosecution’s witnesses, and argue for a not-guilty verdict. A skilled lawyer advocating for you can make a significant difference between a favorable outcome and a conviction.
Find a Knowledgeable Criminal Defense Counsel Near Me
A battery causing serious bodily injury is a severe matter that needs immediate legal intervention. The earlier you contact a lawyer, the sooner they can start safeguarding your legal rights and developing a defense strategy to prove your innocence. At Leah Legal Criminal Defense Attorney, we have deep experience and skill in representing clients accused of aggravated battery and other violent offenses throughout Los Angeles and Southern California.
We understand how the prosecuting team develops its cases and can devise strategies to fight back. Do not wait until it is too late to safeguard your freedom. Call us today at 213-444-7818 to schedule a complimentary case assessment. We will explain your legal options, tell your side of the story, and strive to obtain the most favorable outcome for your case.
