Aggravated battery is, at a minimum, a Class 3 felony, with maximum penalties of up to five years in prison and fines of up to $10,000. Aggravated Battery Primary tabs. A criminal battery — a physical act that results in harmful or offensive contact with another's person without that person's consent — involving an additional, aggravating factor, such as the infliction of serious bodily injury or the use of a dangerous weapon. This crime is committed by touching or striking another person in a harmful or offensive manner and thereby causing the person to suffer a serious injury. 2. Penal Code 243(d) PC – Battery; punishment, endnote 1, above. This is a serious felony offense and mandatory prison sentences can be imposed. Two (2), three (3), or four (4) years in county jail; and/or. Penal Code 368 PC – Elder abuse. Aggravated battery is a wobbler in California law, which means it may be charged as either a misdemeanor or a felony. Every crime in California is defined by a specific code section. • You reasonably acted to defend someone else against bodily harm. Same. [AND 3 The defendant did not act (in self-defense/ [or] in defense of someone else/ [or] while reasonably disciplining a child).]”). The CA Penal Code organizes both the aggravated form of assault (formally known as “battery”) under the same statute as the simple form. The more you speak with police, the more liable you’re to incriminate yourself and therefore limit options in creating a defense later in court. • Chocking someone to the point where they lose consciousness. (“Whether the complaining witness suffered a serious bodily injury is a question for the jury to determine.”), Penal Code 29800 PC – Specified convictions; narcotic addiction; restriction on firearm possession; punishment. There are numerous legal defenses that you can deploy to help beat aggravated battery charges—or get them dismissed or reduced. What is a battery; 2. Newport Beach, CA 92660. It’s up to your criminal defense attorney to conduct an investigation that will reveal the true extent of the “victim’s” injuries. The judge will consider: 1) your prior criminal history; 2) whether you suffered a probation violations; and 3) the circumstances of your case. Battery felony laws in California also say that “gassing” a peace officer or detention facility employee is considered aggravated battery. Such as injury may include loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing, or serious disfigurement.” As noted above, depending on the facts, the crux of the legal issue in a case could be whether or not the alleged victim suffered minor injuries or serious bodily injury. Peace officer (police or other law enforcement). • You were reasonably disciplining your child. In this case, the injury. • The other person only suffered moderate injury and not “serious bodily injury”. Certain aggravating factors could mean more serious charges, with dramatically more severe penalties. The legal definition of aggravated battery only requires that you make physical contact with another person, including through his/her clothing. Sometimes even one punch can result in serious bodily injury. You may also wish to read our article on Is battery a felony? A misdemeanor conviction can also carry a 10-firearm ban, loss of your state issued license, and adversely affect your ability to remain in the United States in the event you’re not a U.S. citizen. - 1. You commit this offense if you willfully inflict bodily injury resulting in a traumatic condition on someone who is, Like aggravated battery under Penal Code 243(d), Penal Code 273.5 is a wobbler, carrying a potential felony jail sentence of two (2), three (3) or four (4) years.39. Up to one (1) year in county jail, and/or, A fine of up to one thousand dollars ($1,000), Two (2), three (3) or four (4) years in county jail, and/or. A simple battery becomes an aggravated battery, under California Penal Code 243(d), if that battery inflicts “serious bodily injury”. ... rape or serious or aggravated battery. Battery is further defined by how much harm the act causes. (“(a) A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both the fine and imprisonment.”). If you purchase, own, or possess a gun in California, you could be charged with a felony under California’s “felon with a firearm” laws.23, You may face an additional criminal sentence for a felony (but not misdemeanor) aggravated battery if the jury determines that the victim suffered “great bodily injury.”24, “Great bodily injury” is distinct from “serious bodily injury.”25 “Great bodily injury” is defined as a significant or substantial physical injury.26. (Penal Code 198.5), A woman comes across a man who is attempting to break into her car to commit, Two men get into a fight outside a sports game. The main difference between the aggravated assault and battery is the existence or nonexistence of a touching or contact. To prove that the defendant is guilty of this charge, the People must prove that: 1 The defendant willfully [and unlawfully] touched in a harmful or offensive manner; [AND] 2 suffered serious bodily injury as a result of the force used(;/.) One of them sneaks up behind her while she is looking in the bathroom mirror and pushes her into the mirror. Overcome with anger at Ben, Melissa shoves him lightly. Calif0rnia Penal Code 243(d) defines aggravated battery causing serious bodily injury. Example: After training at a CrossFit gym for a year, Paul is in extremely good shape and very strong. You may find the following article helpful as it will focus on 10 important things you need to know about aggravated battery charges. Even a broken bone does not necessarily have to be a serious injury for purposes of Penal Code 243(d) PC. The crime is more severe than simple battery because of the level of injury the alleged victim receives. Penal Code 243(b) and 243(c)(2) battery on a peace officer, 4.3. A battery is the unlawful touching the person of another by the aggressor himself, or any other substance put in motion by him. Compare the best Aggravated Battery lawyers near Lindsay, CA today. Compare Penal Code 240 PC – Assault defined, with Penal Code 242 PC – Battery defined, endnote 1, above. The typical way to charge aggravated assault/battery is to use § 243’s additional conditions to upgrade the penalty for assault. Because the level of injury, the prosecutor may allege this offense as a strike applied to California’s Three Strike laws. • The alleged victim is fabricating or exaggerating the circumstances. Fortunately however, you may be able to reduce your felony conviction to a misdemeanor upon successful completion of probation. 4000 MacArthur Blvd. Generally speaking, “serious bodily injury” is a lesser standard than “great bodily injury”—not all cases of battery causing serious bodily injury will also be found to have caused great bodily injury. PC 242 and PC 273 charges? East Tower Suite 615 California Penal Code §243 PC Battery is referred to as a ‘wobbler’ meaning it can be charged as a Misdemeanor or a Felony. The crime of aggravated battery is what is known as a “wobbler”. The penalties for Aggravated Battery … Unfortunately, reduction will not delete a strike and it may be used as a sentencing enhancement in the event you’re convicted of another felony. Battery is said to be ‘aggravated’ when a person either tries to or does cause severe injury to another, or causes injury through use of a deadly weapon. Such an injury may include[, but is not limited to]: (loss of consciousness/ concussion/ bone fracture/ protracted loss or impairment of function of any bodily member or organ/ a wound requiring extensive suturing/ [and] serious disfigurement). We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities. (“We conclude that the plain language of section 243, subdivision (f)(4) [California’s aggravated battery law] controls. O.C.G.A. The decision whether to seek misdemeanor or felony charges is … Aggravated Battery Law and Legal Definition Aggravated battery is a more serious form of battery, and is considered a felony since it may be punished by a fine or more than a year in prison. But CALCRIM 925 offers guidance for the court to determine which state, “…serious impairment of physical condition. Put another way, an assault is like an “attempted battery,” and a battery is like a “completed assault.”, A key element of the crime of battery causing serious bodily injury is, of course, the requirement that the victim suffers a “serious bodily injury.”13, A “serious bodily injury” is defined as any serious impairment of someone’s physical condition.14 It is not necessary that the victim seek medical treatment for the injury.15. Any crime involving a physical attack (or even the threat of an attack) is usually classified as an assault, a battery, or both. 2006) 2006 WL 1049742. The so-called battery was actually an accident; and. Shouse Law Group › Criminal Defense › Penal Code › 243 d PC - Battery Causing Serious Bodily Injury. For questions about Penal Code 243(d) PC California battery causing serious bodily injury, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact us at Shouse Law Group. B. Whoever commits aggravated battery, inflicting an injury to the person which is not likely to cause death or great bodily harm, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a misdemeanor. Alvarado v. Gonzales (9th Cir. The enhanced penalty for other battery offenses (such as battery against a healthcare provider or public worker, domestic violence battery, and battery on school property) includes: up to one year in county jail; fine up to $2000, and; probation up to one year. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. What does it mean to commit a battery causing serious bodily injury? Your use of this website does not establish an attorney-client relationship between you and our attorneys. Penal Code 273.5 PC – Willful infliction of corporal injury; violation; punishment [contrast with aggravated battery law]. Aggravated Battery Related Offenses. (Cal. (“[A serious bodily injury means a serious impairment of physical condition. Facing Charges for Aggravated Battery? Because the level of injury, the prosecutor may allege this offense as a strike applied to California’s Three Strike laws. 4.2. This offense is a wobbler, carrying a potential state prison sentence of two (2), three (3) or (4) years, and a fine of up to six thousand dollars ($6,000), if it is charged as a felony.42. If the injuries are classified as "serious bodily injuries," per California Penal Code 243(d), then the alleged perpetrator can be charged with aggravated battery. For more information about expunging your criminal record, contact the Law Offices of John Rogers. Aggravated battery generally is seen as a serious offense of felony grade. The other person suffered serious bodily harm as a result; and A conviction for battery causing serious injury looks terrible on anyone’s record. Emergency medical technician (EMT) or paramedic. If you are charged with PC 243(d) battery causing serious bodily injury, your first move should be to find a California criminal defense attorney who knows the law cold—and knows the best way to defend against these charges. In California, an aggravated battery can be charged as either a misdemeanor or a felony. A battery, including Penal Code 243(d) aggravated battery, is the. If there is substantial evidence that they don’t rise to the level of “serious bodily injury,” then you may be able to convince the prosecutor to reduce the charges to Penal Code 242 simple battery.

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