When you or your loved one faces battery charges, especially battery with severe bodily injury, you should carefully handle your defense. Battery with severe bodily injury is a severe offense in California, and a conviction will have long-lasting effects on the quality of your life and those of your loved ones. A conviction could lead to an extended stay in jail, hefty fines, and losing some of your rights. You should note that you may end up facing these charges as a result of domestic disputes and bar fights with your friends, among others.
When facing battery with serious bodily injury charges in Santa Ana, the first step is to look for the services of a defense attorney. With the help of your defense lawyer, you are in a better position of having the court reduce your charges to battery or dismiss them altogether. At California Criminal Lawyer Group, our lawyers are well experienced in handling battery with serious bodily injury. We will walk with you and guide you throughout the entire process until you obtain the best possible outcome.
Understanding Battery With Serious Bodily Injury PC 243(d)
Under PC 243(d), the law also refers to a battery with severe bodily injury as an aggravated battery, with the prosecution going for a maximum sentence. You should note that the prosecution will charge you with battery with severe bodily injury after you commit a battery offense under PC 242. A simple battery charge in California under PC 242 requires unlawful or unwanted physical contact with the victim. The contact doesn't matter how slight it is, whether it's done over clothing or not, for as long as it was unwanted. When it comes to battery charges with severe bodily injury, the law penalizes the offense severely.
Elements of Aggravated Battery Charge
When the prosecution charges you with battery with serious bodily injury offense, they will have to prove beyond reasonable doubts the following elements for the charges to be held in court:
- That you willingly touched the alleged victim in an offensive or harmful way.
- The alleged victim suffered severe bodily injury due to your unwanted and unlawful touch.
- You did not act in self-defense, reasonably disciplining a child, or in defense of others.
Terms Used In Battery With Serious Bodily Injury
You will need to understand some of the terms used in battery with serious bodily injury charges. They include:
Touching
Under California PC 243(d), you will have touched another person when you make physical contact with them; it doesn't matter whether you do so through their clothing or not.
Example 1: Mary and Tom are students at the same school and compete against each other in a racing match. After the race, Tom emerges as the winner, which Mary feels is not fair as he uses a shortcut. She confronts him when they are at their school's front steps, and when Tom tells her he won fairly, Mary shoves him lightly. Tom loses his footing and falls down the steps breaking his knee. Mary did not use force to push Tom off the steps but touched him lightly, resulting in a severe injury. She can face battery with serious bodily injury charges.
Example 2: After a game, a drunk approaches an opposing team's fans and wildly throws punches at them. One of their punches connects with a fan's jaw, the punch results in a broken tooth. The drunk can face battery with serious bodily injury charges.
Offensive or Harmful
The law under PC 243(d) considers your offense a battery with severe bodily injury when you accomplish the act in an offensive or harmful manner. Acting in an offensive or harmful manner means that when you act in a disrespectful, violent, rude, angry, or mean manner, it can cause injury. The law will treat your touch as offensive when you apply force against another person. It doesn't matter that you touched another person slightly or over their clothing for as long as they deemed the touch as offensive.
For a battery with severe bodily injury charges to be held in court, the act leading to severe bodily injury must be offensive. For instance, if you are playing a game with other people and someone is hurt, you can not face aggravated battery charges as you did not offensively touch that person.
Example 1: George and his team are practicing for their upcoming hockey tournament. George accidentally hits Mark’s leg with his hockey stick, resulting in a break. George can not face battery with severe bodily injury charges even if his actions leave Mark with a severe bodily injury as they were playing. His actions were not harmful or offensive but an accident.
Example 2: Lindsay and Eva have a girls' night out with friends at a local bar. They start arguing, and this leads to a bar fight. When Eva realizes she is losing the fight, she grabs Lindsay and shoves her against the bar top. Lindsay injures her forehead when she hits the bar edge and is rushed to the nearest Emergency room, and ends up with several stitches on her face. Eva can face battery with severe bodily injury charges under California PC 243(d).
Severe Bodily Injury
You will be guilty of serious bodily injury when you cause another person to suffer severe impairment on their body. Serious body injuries include and are not limited to:
- Bone fractures,
- Concussions,
- An injury that requires stitching,
- Tooth loss,
- Disfigurement,
- Eyebrow wounds
- Loss of consciousness.
You should note that the victim doesn’t have to undertake medical treatment after suffering severe bodily injury for you to face serious bodily injury charges. For example, Matt and Rose are a married couple, they are arguing, and Matt hits Rose. She loses her front tooth but doesn't seek medical assistance. Matt might end up facing aggravated battery charges even if Rose did not seek any medical attention for her lost tooth.
The judge or the jury determines the severity of an injury in a battery with a severe injury case. You should have your defense attorneys representing you as the jury will use the facts about your case in determining whether you are the cause of the severe bodily injury as the victim claims.
You Acted Willfully
Under California Penal Code 243(d), you will have acted willfully when you commit the offense intentionally. It doesn't matter that you did not intend to harm the victim, but they were severely injured due to your actions.
Example: June and her boyfriend Ricky are having an argument, she decides to leave their apartment and cool off, but her boyfriend doesn't want her to leave. Ricky grabs her arm to stop her from leaving but uses too much force, and when June asks him to let go, he does so, resulting in her fall. During the fall, she hits her head and has a concussion. Ricky might end up facing battery with severe bodily injury charges even if he did not intend to hurt June since his actions resulted in a severe injury.
Penalties For Battery With serious Bodily Injury Charge
Under Penal Code 243(d), battery with severe bodily injury is a wobbler offense. When the prosecution files wobbler charges against you, it means that you can face either a misdemeanor or felony, depending on the circumstances surrounding your case and your criminal history. For instance, if you throw a knife at a roommate, it hits their forehead, resulting in a cut. Your roommate may end up with some stitches, but the knife did not harm them seriously. In such a case, the prosecution may file misdemeanor charges against you.
On the other hand, the jury may not find you guilty of these charges and may only convict you on simple battery charges. However, you may end up facing felony conviction if you have a criminal history, like having a prior conviction of assault with a dangerous weapon. The jury will consider your prior record while determining your current case, and you will need to hire an experienced attorney to represent you.
Misdemeanor Charges
If the court finds you guilty of a misdemeanor offense, your sentence will:
- Lead up to one-year imprisonment in county jail.
- Payment of $1,000 in fines.
- You will also lose your right to own or possess a gun for the next ten years.
- Misdemeanor probation.
- Attend mandatory anger management classes.
- Offer victim restitution.
- Negatively impact your immigration status.
- Have a restraining order imposed against you.
Felony Charges
A conviction for felony charges can lead to a harsher sentence like:
- Imprisonment of up to four years in state prison,
- Payment of fines not exceeding $10,000,
- Formal probation
- Earn a strike against your record under the Three strikes law
- Offer victim restitution
- Loss of seizure rights
- Sentence enhancements are leading to additional jail time of up to six years.
Effects Of A Battery With Serious Bodily Injury Conviction On Your Immigration Status
In California, immigration is a complex topic involving green cards and visas. Immigration is a legal contract between an immigrant and the government, and this contract should not be violated in any manner by the immigrant. A violation of the immigration contract can be in the form of criminal activity, leading to the court revoking your immigration status, and you may end up being deported. A conviction for battery with a serious bodily injury can have severe immigration status. You may end up being deported, especially if your conviction earns a strike against your record.
How Does A Conviction For Aggravated Battery Affect Your Gun Rights?
When you receive your conviction for aggravated battery charges, you will lose your rights of buying, owning, possessing, or even selling a gun. Loss of gun rights means that you can not own, possess or buy ammunition.
Can You Have Your California PC 243(d) Records Expunged?
Yes, you can have your battery charges convictions expunged under California PC 1203.4. The court can expunge your records only after you have completed your jail sentence, met all your probation terms, and mostly takes place after misdemeanor convictions. If you have a felony conviction, you can still have your records expunged if:
- You did not serve time in state prison,
- You have completed your formal probation,
- You are not currently serving other probation or sentence, facing other criminal charges.
You must talk with your defense team and determine if you can have your records expunged. If you can have your records expunged, you will have an easier time obtaining some professional certificates, and also, employers landlords will not know of your past mistakes.
Best Legal Defenses Against Battery With Severe Bodily Injury
A conviction for battery with serious bodily injury will negatively impact your life. Therefore, you and your defense team will have to develop legal defenses to ensure that your case is either reduced to a battery charge or dismissed altogether. Some of the defense strategies that you can use include and are not limited to:
The Injury Was Not Severe
One of the elements that the prosecution must prove is that the victim had a severe bodily injury resulting from your actions. Though the jury determines if the injuries are severe, your defense team can argue that the victim's injuries are not severe for a battery with a serious bodily injury charge.
Self-Defense Or You Were Defending Someone Else
You could use self-defense as a strategy against aggravated battery charges when your actions end up causing severe bodily injury against the alleged victim if you believed you or someone else was in danger. You also believed that using force could defend you or someone else against the perceived danger. Your attorney will also have to show that the force applied was necessary for your situation and that you didn't use unnecessary force in overcoming the perceived danger.
It Was An Accident
Your defense team can also convince the jury that you hurt the victim unintentionally. You will have to prove to the jury that although your actions led to the injury, it was an accident, and you had no intention of injuring the victim. This may lead to battery charges or have the court dismiss your charges altogether.
You should note that the jury can convict you for aggravated battery charges even though you had no intention of hurting or causing severe bodily injury to the victim. The jury, however, can not convict you when you didn’t willfully touch the victim, but the injury was due to an accident. For instance, if you were enjoying a football game and when you were cheering, you fell on someone, resulting in their broken arm, you should not face battery with serious bodily injury charges as this was an accident.
Related Offenses
Assault California Penal Code 240
Under PC 240, California describes an assault as an attempted battery crime that involves an attack on another person but does not result in physical injury. The prosecution has the duty of proving the following elements before the jury can convict you of the crime:
- You acted willingly against the alleged victim
- Your actions resulted in the application of force against another person
- You intentionally acted against the victim
- When you acted against the victim, you were in a position to use force.
When applying force, you should note that the law refers to a touch that the victim will feel or view as offensive or harmful. Under Penal Code 240, you can face assault charges if you touch another person angrily or rudely. It doesn't matter that the touch was slight or over their clothing. Even if your touching doesn't result in an injury, you will face these charges.
California doesn't recognize attempted assault, which means that you will face assault charges even if the victim wasn't injured due to your actions.
Penalties For Assault
Under PC 240, California treats assault as a misdemeanor offense, and a conviction will lead to:
- imprisonment of up to six months in county jail,
- Payment of fine,
- Attending anger management classes,
- Misdemeanor probation
- Community service
Assault Using Deadly Weapon Penal Code 245(a)(1)
Under PC 245(a)(1), it's a crime to attack or to attempt to attack another person using a deadly weapon or when your actions lead to severe bodily injury. The prosecution must prove that you performed an act that could apply force against the victim. You commit the acts using a lethal weapon, and the force applied could result in serious bodily injury. The prosecutor will also have to prove that you committed the crime willingly and that you were aware that your action would apply force. You should note that the victim doesn't have to suffer severe bodily injury for assault with deadly weapon charges to be held in court. The jury mainly focuses on the fact that your actions resulted in the application of force and not that you applied force.
Penalties For Assault With a Deadly or a Lethal Weapon
PC 245(a)(1) treats ADW as a wobble offense, with the prosecution charging you with either misdemeanor or felony offense, depending on the circumstances surrounding your case. ADW is a wobbler offense when you use a weapon, not a firearm, in the assault. If you are charged with a misdemeanor offense, your conviction will lead to:
- Summary probation
- Payment of $1,000 in fines,
- Imprisonment of up to one year in county jail
when you are convicted for a felony offense, your sentence will include:
- Formal probation
- Payment of $10,000 in fines,
- Imprisonment of up to four years in state prison.
Mayhem Penal Code 203
The law under PC 203 defines mayhem as an act where you maliciously deprive another person of their body parts, disfigure them, make their body parts useless, cut off their tongue, or remove their eyes. You may end up facing aggravated mayhem charges under PC 205 when you intentionally cause a permanent injury like permanent disfigurement or disability on the victim.
Although the crime of mayhem is not popular, like aggravated battery, the law treats it seriously, and a conviction will lead to harsh sentencing.
Example: During an argument between a married couple, the wife threatens to file for divorce. The husband takes a hot iron and marks her leaving her with permanent scars as a way of ensuring she will never forget him. He could end up facing aggravated mayhem charges.
Penalties For Mayhem Charges
California treats mayhem as a felony offense leading to:
- State prison imprisonment ranges from two up to eight years.
- Payment of up to $10,000 in fines.
- Life imprisonment with the possibility of parole in state prison for aggravated mayhem.
Battery Against A Police or Peace Officer PC 243(c) and 243(d)
Under PC 243(c) and 243(d), California defines battery against a police or peace officer as a crime where you intentionally and willfully touch a police officer unlawfully. For this charge to be held in court, you will accomplish the touching while the officer in question engages in their official duties. For example, you may end up facing these charges if you throw rotten eggs on an officer when they come to arrest you or your friends.
Penalties For Battery Against Police or Peace Officer
The law treats Battery against a police or peace officer as a misdemeanor offense. Still, you can face felony charges if it leads to serious bodily injury to the affected officer. A misdemeanor conviction will lead to one-year imprisonment in county jail and (or)payment of $2,000 in fines. A felony conviction will lead to imprisonment in county jail that goes up to three years and(or) payment of up to $10,000 in fines.
Contact A Santa Ana Criminal Defense Lawyer Near Me
Sometimes you may end up facing battery with serious bodily injury charges while you are innocent. A conviction could lead to harsh sentencing, negatively affecting your life. In most cases, the police and other law enforcement agencies may fail to conduct a thorough investigation, leading to your arrest. If you are in your situation, you can contact our attorneys at California Criminal Lawyer Group. If you are arrested in Santa Ana, do not worry about legal representation, as our office is always open. Our legal team is ready to offer any kind of assistance, from consultation, making court appearances, and offering you legal guidance. We understand how to combat allegations against you to help you avoid harsher sentencing and have the court dismiss your case. Please contact us at 714-844-4151 and schedule your first no obligatory consultation for more information.
