California Penal Code Section 243(d): Battery Causing Serious Bodily Injury is one of the more severe charges used to prosecute battery. The state uses this charge to prosecute aggravated battery and incidents that involve major physical injury or bodily harm.
Individuals charged under PC 243(d) can face harsh penalties, including incarceration and fines. Get more information about battery charges and defense strategies with a Los Angeles battery defense lawyer from our team at the Simmrin Law Group.
We take charges for battery offenses seriously and can help you face these criminal charges head-on. Call or fill out our online contact form to learn more about an aggravated battery charge.
Defining California Penal Code Section 243(d): Battery Causing Serious Bodily Injury
When a person inflicts unwanted or unlawful physical contact against another, it is considered battery. Any form of offensive touching can result in battery accusations. A Los Angeles criminal defense lawyer can assist with any of these charges.
Generally, the court divides battery into two different categories. More mild offenses are known as “simple battery.” California Penal Code Section 242 covers these charges. When a battery causes serious injuries, however, the court can issue stricter penalties.
When a serious bodily injury occurs as the result of an accident, it is known as “aggravated battery.” The court uses California Penal Code Section 243(d) for these charges. Broken bones and other violent injuries can result in these charges.
What Counts as Serious Bodily Injury in California?
Legally, California defines serious bodily injuries as injuries that impair a person’s physical condition in a significant way. Examples of serious bodily injuries can include:
- Bone fractures
- Concussions
- Injuries to an organ
Other injuries, like loss of consciousness and cuts requiring extensive suturing, can result in charges of battery causing serious bodily injury.
What Are Penalties for Battery Causing Serious Bodily Injury?
A conviction under PC 243(d) can have severe repercussions. Battery causing severe bodily injury is a charge known as a “wobbler.” That means prosecutors can charge the act as a misdemeanor or a felony. We can discuss the potential penalties for both types of charges.
Misdemeanor PC 243(d) Charges
Individuals who face charges for a misdemeanor offense may end up with one year of jail time. Individuals may have to spend this time in county jail. In addition to incarceration, you will likely face a significant fine.
You could receive a fine of up to $1,000 for a misdemeanor conviction.
Your rights to gun ownership will also be affected. If convicted of a misdemeanor, you cannot own or purchase a gun for ten years. If you face a felony charge, that ban would be lifelong.
Felony PC 243(d) Charges
A felony conviction for Battery Causing Serious Bodily Injury can result in up to four years in prison instead of a county jail.
Generally, prosecutors will assess several factors when deciding if an instance of PC 243(d) should qualify as a misdemeanor or a felony. The court may look at an individual’s previous criminal history and the exact circumstances of the act of battery.
When facing a felony charge, the potential fine can significantly increase to $10,000. This criminal offense can dramatically impact an individual’s life, so seeking legal assistance is essential.
Should an Individual Hire a Lawyer for PC 243(d) Charges?
It is essential that a person arrested on a charge of aggravated battery contact a professional criminal defense lawyer in Los Angeles. An experienced criminal defense attorney can explain the potential consequences you are facing and let you know about all of your options for fighting these charges.
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). Lawyers focus on establishing reasonable doubt and protecting their clients.
Getting prompt legal assistance with felony battery charges can help individuals avoid prison time or orders to spend time in county jail. While multiple defenses may apply to your particular case, the three most common defenses are:
Accidental Injury
Individuals sometimes hurt other people without intending to cause harm. An individual must act willfully to carry out felony battery. Therefore, you should not be convicted if the damage was caused accidentally.
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. Any willful act of violence can result in a conviction for the crime of battery if the resulting injury is severe enough.
Self-Defense
According to California’s battery laws, you can utilize force to defend yourself or others. If you believe that you are at risk of suffering physical harm, you are legally allowed to protect yourself.
Acts of self-defense can cause serious bodily injuries that should not result in a conviction for the crime of battery. Your lawyer may focus on establishing reasonable doubt on this basis, addressing charges for felony battery.
Non-Serious Injury
Your lawyer may also be able to argue the charge down to a simple battery if they can prove that the victim is exaggerating their injuries and that they only sustained a minor injury requiring minimal medical care. This defense can allow individuals to avoid harsher penalties.
Examples of Acts Relating to 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 face battery charges, 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 felony battery charges because he acted to defend himself.
What Are Violence-Related Charges in California?
When arrested for battery, you could face charges for various offenses. The prosecution sometimes combines charges, which could leave you facing extensive penalties. Some other charges that you may face in addition to (or instead of) aggravated battery include violations of:
- California Penal Code Section 240: Assault
- 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 243.4: Sexual Battery
- California Penal Code Section 243(e)(1): Domestic Battery
- California Penal Code Section 245(a)(1): Assault With a Deadly Weapon
You can discuss legal penalties for domestic battery charges and other accusations with a professional member of our team.
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 contact the Simmrin Law Group for help today. You can contact our professional criminal defense lawyers by giving us a call or filling out our online contact form.
Contact us for a free, no-obligation consultation to build a defense. You shouldn’t trust your defense to a public defender when your future is on the line. We are here to help.