California has set up multiple legal codes to prosecute individuals accused of battery. California Penal Code Section 243(d): Battery Causing Serious Bodily Injury is one of the more severe charges used to prosecute battery.
Individuals who are charged under PC 243(d) can end up facing harsh penalties, including incarceration and fines. Get more information about battery causing serious bodily injury and possible defenses from the Simmrin Law Group today.
Defining California Penal Code Section 243(d): Battery Causing Serious Bodily Injury
PC 243(d) can be used to prosecute individuals who:
- Willfully Touch Someone in a Way that is Harmful or Offensive
- Causing Serious Bodily Injury
Legally, serious bodily injuries are injuries that impair a person’s physical condition in a major way. Examples of serious bodily injuries can include:
- Bone Fractures
- Injuries to an Organ
The severity of the injuries associated with PC 243(d) sets this charge apart from other battery charges used in California, including:
- California Penal Code Section 242: Battery
- California Penal Code Section 243(b) PC & 243(c)(2): Battery On A Peace Or Police Officer
- California Penal Code Section 243(e)(1): Domestic Battery
Note that battery causing serious bodily injury may also be referred to as aggravated battery in the court system. These are not separate charges.
Examples of Acts that Violate PC 243(d)
You can increase your understanding of charges for battery causing serious bodily injury by going over these examples:
Man A is out at a bar with some friends. His evening goes well, until Man B spills his drink. He gets into an argument with Man B. Eventually, he shoves Man B, who falls against the bar and gets a bruise, before deciding to leave. Man A might be charged with battery, but he should not be charged under PC 243(d), because he did not cause serious bodily injury.
Man A is out drinking again. This time he gets into a fight with Man C. Man A breaks a beer bottle and stabs Man C, causing an injury to his stomach. Man A will likely face charges for battery causing a serious bodily injury, as he caused an injury to an organ.
Man C recovers from his injuries and heads out to celebrate. While he is out, Man D tries to mug him and beat him up. Man C punches Man D to get away, inadvertently giving Man D a concussion from the force of the blow. Man C should not face PC 243(d) charges because he acted to defend himself.
Penalties for Battery Causing Serious Bodily Injury
A conviction under PC 243(d) can have severe repercussions. Battery causing severe bodily injury can be charged as a misdemeanor or a felony. A misdemeanor conviction can lead to 1 year of jail time. A felony conviction can result in 4 years in jail.
Generally, prosecutors will assess several factors when deciding if an instance of PC 243(d) should be treated as a misdemeanor or a felony. The court may look at:
- An Individual’s Previous Criminal History
- The Exact Circumstances of the Act of Battery
It is important that an individual contact a professional criminal defense lawyer in Los Angeles to handle either a misdemeanor or a felony charge for battery causing serious bodily injury.
Defenses for Battery Causing Serious Bodily Injury
The court system in Los Angeles can harshly punish individuals accused of battery causing serious bodily injury. Fortunately, there are legal defenses that can help individuals charged under PC 243(d). A criminal defense lawyer may be able to build a case if:
You Accidentally Injured Someone
Individuals sometimes hurt other people without intending to cause harm. An individual must act willfully to be convicted under PC 243(d). This means that you should not be convicted if the harm was caused accidently.
Note that the courts do not consider it an accident if you intend to harm someone a little and end up causing a severe bodily injury.
You Were Acting in Self Defense
According to the laws in California, you are allowed to utilize force to:
- Defend Yourself
- Defend Others
If you believe that you are at risk for suffering physical harm, you are allowed to protect yourself. Acts of self-defense can cause serious bodily injuries that should not result in a conviction under PC 243(d).
We Can Help with Battery Causing Serious Bodily Injury Charges
Charges under California Penal Code Section 243(d): Battery Causing Serious Bodily Injury can feel impossible to beat on your own. Luckily, you can reach out to the Simmrin Law Group for help today. You can contact our professional criminal defense lawyers by filling out our online contact form or calling (310) 997-4688.
Take steps to build a defense by reaching out to us for a FREE consultation.