Contact Long Beach Criminal Defense Attorneys
The absolute approach to tackle cases arising from battery with serious bodily injuries is communicating to an experience Criminal defense lawyer as soon as possible. Hiring a criminal attorney that totally comprehends the California Penal Code 243 (d) is critical to your case. Our Long Beach Criminal Defense Attorneys are set to respond to you anytime you need them (24/7). We are well equipped with the necessary skills and are dedicated to ensuring that you get the best help. Call us today at (888) 888-888 or contact us online and we will be there when you need us.
Legal Definition of Battery with Serious Bodily Injuries
According to the California Penal Code 242, for one to be charged with simple battery, they must have caused unlawful or unwanted physical contact to another person without their consent. Offenders must face severe punishments for offenses arising from battery whether minor or major. Battery with serious bodily injuries is considered illegal under the California Penal Code 243(d) and for you to be charged with this crime, your act must have caused serious bodily injuries to the other party involved in the incident.
Instances of actions that can result in one being charged with Battery with Serious Bodily Injury
- Spraying a chemical into another person’s eye or on their body
- Hitting someone with a rock or a metal on the head that leads to breaking their skull
- Having sexual Intercourse with someone and failing to reveal to them of sexually transmitted diseases they are likely to contact in the course
Legal definition of a “serious bodily injury”
Basically, serious bodily injury is delineated as a grave impairment of a physical situation and acutely meddles with an individual’s way of life or health. Worse enough is that the consequences can be permanent. Some of the most common serious bodily injuries with the ability to impair an individual's physical condition include but not limited to:
- Impaired Organ function
- Second degree burns
- Severe discoloration and bruising
- Broken bones
- Gunshot wounds
- Stab wounds
- Wounds that necessitate extensive stitches
Difference between Battery with serious bodily injury and Great bodily injury verdict enrichment
There's a great difference between battery with serious bodily injuries and great bodily injury. Great bodily injury is defined as substantial or significant physical injury. If the jury establishes that the casualty sustained great bodily injury, the offender can face extra criminal charges for a felony which comes with an additional 3 to 6 years in prison. The sentence becomes even more severe if the victim was under 5 years or at least 70 years of age since you can face additional years of up to 6 years.
Components of the Crime
In order for one to be convicted of battery with serious bodily injury as per California Penal Code PC 243(d), it is upon the prosecutor to demonstrate that:
- The defendant deliberately touched another person in a detrimental or offensive manner
- The victim did not approve of the touching by the offender
- Defendant did not act in self-defense or in defense of another person
- The touching was detrimental or offensive
- The victim suffered serious bodily injuries resulting from the incident
What are the legal Defenses to Battery with Serious Bodily Injury Charges in California?
In case you are charged with PC 243(d) battery with serious bodily injury, contact a seasoned lawyer who can develop a great defense strategy and fight for you aggressively. With the help of your attorney, you will be able to prove that you are not guilty by demonstrating the following defenses:
You were basically acting in self-protection or defending another person
California Law permits self-defense or defense for someone else too when it comes to cases of battery with serious bodily injury only if:
- You applied no extra force in your response than was needed to defend against that threat.
- You rationally thought that the immediate application of force was essential to defend against the threat
- You reasonably believed that you or someone special to you was unlawfully touched or they were exposed to dangers of sustaining serious bodily injury
The alleged casualty suffered minor harm and not serious bodily injury
It is the role of the jury of course with the help of medical records of the plaintiff, to examine and determine the extent to which a given injury can be declared severe. You will, therefore, require a criminal defense attorney to carry out an investigation on your behalf with the intention of revealing the actual level of injuries suffered by the casualty during the incident. This is because many victims go a step further and make their injuries look more serious than the definite injuries suffered. This is either by looking for unnecessary medical treatment or claiming to be in severe pain when they truly are not. Your attorney will generate substantial prove which they will see to convince prosecutors to reduce your charges to simple battery.
It was an accident and you did not purposely make physical contact with the alleged person.
Just like in other criminal cases, the legal defense of accident can as well be applied to battery with serious bodily injury charges. The truth of the matter is that one can be convicted of battery with serious bodily injury even when their actions leading to the incident were not intentional. However, in such cases you can, with the help of an attorney, demonstrate that the whole incident was an accident and not purposeful, then you can’t be convicted.
You were falsely accused by the victim of battery with serious bodily injury
You may have been wrongfully identified as the one who committed battery with serious bodily injury by the victim. You will be required to provide proof that it was a mistake. Some of the possible factors that may have contributed to your misidentification could be; poor lighting, cross-racial recognition, or even traumatic happenings affecting the casualty’s identification of the actual perpetrator.
If you are accused of battery with serious bodily injury, it is important to talk to a lawyer. Long Beach Criminal Defense Attorney will help you understand your right as the defendant and will apply every defense strategy possible to fight on your behalf. Being convicted of battery with serious bodily injuries can greatly affect your way of life since the conviction can affect your future employment opportunities, your right to own a gun, and even your reputation. Our main objective is to fight on your behalf and make sure that you do not face conviction for the charges.
Necessary Evidence That Your Attorney Should Gather In Order to Successfully Defend You
- Physical address and mobile contacts of the potential witnesses to be interrogated by your attorney
- All recordings that may have been recorded at the scene either by surveillance videos or taken by witnesses during the incident.
- Medical records of the casualty for further examination and establishment of whether they truly suffered the alleged bodily injuries
- Any accusation proof of the victim, either text messages, Facebook messages, emails, or phone log.
Punishment for Battery Causing Serious Injury
Just like assault with a deadly weapon, battery with serious bodily injuries is considered a “Wobbler”. This, therefore, implies that it's upon the prosecutor to carefully charge an individual with either a misdemeanor or a felony. The prosecutor’s decision may be influenced by factors such as defendant’s prior criminal record and the level of the injury suffered by the casualty.
If convicted of Battery with serious bodily injury as a felony, the penalties are:
- 2, 3, or 4 years in California state prison
- Formal court probation
- A court fine of up to $10,000
- Permanent “Strike” according to California’s three strikes law
- Compulsory anger management or counseling
- Loss of rights to own a firearm
- Face immigration consequences
- Compensation to the victim
- Protective or Stay Away Order by the court imposed
While if you are convicted of battery with serious bodily injuries as a misdemeanor, the penalties are:
- 1 year of imprisonment in the county jail
- Court ordered probation
- A court fine of up to $2,000
- Compulsory anger management or counseling
- A 10-year ban on owning a firearm
- Face serious immigration consequences
- Order to recompense the victim
- Protective Order Imposed
In any criminal case where the victim is proven to have suffered substantial bodily injury, it can have a serious impact on the outcome of a case. For instance, battery itself is normally charged as a misdemeanor, but in the event that serious bodily injuries are sustained by the victim, this can see charges as misdemeanor upgraded to a felony. A conviction of Battery with serious bodily injuries as misdemeanor implicates that the defendant may not be able to own a firearm or even buy one for a period of 10 years. This isn't the case when one is convicted of battery with serious bodily injuries as a felony, here the defendant would be banned from owning a gun for life.
According to PC 243(b) and 243(c) (2), the penalties become harsher if the crime is against certain classes of people protected by “battery on a peace officer” law. These people include but not limited to peace officers, firefighter, animal control officer, emergency medical technician, security officer, and traffic officer. The punishment is an additional 1 year for a misdemeanor. A felony comes with an additional 16 months, 2 years or 3 years imprisonment.
Battery with Serious Bodily Injury Cases - Criminal Defense Attorney
Battery with serious bodily injuries in itself is a relentless offense. In case you or someone close to you has been arrested for this crime, it's vital that you speak to a Criminal Defense Attorney in the quickest way possible. Contacting a lawyer as soon as you can play a critical role in the development of your case. Find a professional lawyer and who will handle all the questions directed to you and advise you on the best way to carry yourself during the entire process.
Depending on your condition, it might turn out that your situation is justifiable, if this is your case, your attorney will help you convince the law enforcement officers or the prosecutor to drop the case against you. At Long Beach Criminal Defense Law Firm, we have qualified lawyers with absolute experience in dealing with criminal cases including battery with serious bodily injury. Our aim is to ensure that justice is served to our esteem clients regardless of the amount of charges they are facing.
If you're facing charges of battery with serious bodily injury either as a misdemeanor or felony, you need the Law Offices of Long Beach Criminal Attorneys. You can schedule a free appointment, by getting in touch with us at (562) 308-7807 or filling our online contact form. Our attorneys are considerate and ready to provide you with a free and confidential consultation. You shouldn't face the criminal charges alone.