Definition and Aspects of Aggravated Battery:
Aggravated Battery, under California Penal Code 243(d) (PC 243(d)), is defined as any battery that results in serious bodily injury. Aggravated Battery (PC 243(d)) occurs through touching, kicking, slapping, or striking another person with the intent of causing harm. California Penal Code 243(d) (PC 243(d)) is a misdemeanor or potentially felony-level offense that can result in severe fines and even jail time if convicted.
To be convicted of California Penal Code 243(d) (PC 243(d)), the Prosecution must prove the following:
- The Defendant willfully touched another person in an offensive or harmful way / committed Battery
- The Battery resulted in serious bodily injury
By definition, California Penal Code 243(d) (PC 243(d)) describes the act of Battery as touching another person. Under this statute, even the slightest touch could be considered aggravated Battery, even if the Defendant only touched the alleged Victim’s clothing.
Another requirement for Aggravated Battery (PC 243(d)) is willfully touching the other person. This does not necessarily mean that the Defendant intended to cause harm, but the touch was on purpose.
Aggravated Battery, or California Penal Code 243(d) (PC 243(d)), is often confused with Assault (PC 240). Assault (PC 240) is defined as any action that may result in physical harm to someone else. While Battery (PC 243(d)) requires the actual infliction of violence, therefore making it a more serious crime.
Lastly, ‘serious injury’ is legally defined as the severe impairment of the Victim’s health. Examples of such injuries include concussions, fractures, broken bones, wounds, disfigurement, or loss of consciousness. Even if the Victim chooses not to seek professional medical attention for the physical harm, the above listed and many other instances are considered serious bodily injuries. Whether an injury is severe enough to be considered under this statute is up to the Judge to decide.
Criminal Offenses Related to Aggravated Battery:
Similar or related offenses to California Penal Code 243(d) (PC 243(d)), Aggravated Battery:
- Assault – California Penal Code 240 (PC 240)
- Battery – California Penal Code 242 (PC 242)
- Battery on a Peace Officer – California Penal Code 243 (PC 243)
- Domestic Battery – California Penal Code 243(e)(1) (PC 243(e)(1))
- Sexual Battery – California Penal Code 243.4 (PC 243.4)
- Corporal Injury on an Intimate Partner – California Penal Code 273.5 (PC 273.5)
Examples of Aggravated Battery:
A woman and a man are arguing. In the heat of the moment, the woman decides to shove her boyfriend, which results in him losing his footing and dislocating his ankle. While the shove from the woman wasn’t hard enough to harm the Victim, it resulted in his accident. Under California Penal Code 243(d) (PC 243(d)), she could be charged with Aggravated Battery.
Two sports fans get into an argument at the game. One decides to punch the other in the face, causing a black eye and a fracture in the other fan’s cheekbone. Under California Penal Code 243(d) (PC 243(d)), this is considered a serious bodily injury, and the aggressor could be charged with Aggravated Battery.
Defenses for Aggravated Battery:
A common argument an experienced attorney may use is self-defense. If the Defendant could reasonably believe that he/she was in danger of serious bodily injury and the only way to defend himself/herself was to harm the attacker, the Defendant could claim self-defense. Under California’s self-defense laws, everyone has the right to protect themselves if in imminent danger. One thing to keep in mind, though, for this strategy to be effective, the Defendant had to use no more force than necessary to protect himself/herself.
If the incident occurred as a part of an accident, the Defendant could get his/her charges dropped or lessened. One of the requirements of Battery is willfully touching another person, and if it was entirely accidental, it would not fall under Aggravated Battery (PC 243(d)) charges.
Lastly, California Penal Code 243(d) (PC 243(d)) requires serious bodily injury in the Victim. As a result of a tense situation, the Victim might grow resentful and tries to make their injuries seem worse than they actually are. An experienced Defense Attorney could help the Defendant argue the nature and seriousness of the injuries and aid in the lessening of the charges.
Consequences and Penalty for Aggravated Battery:
California Penal Code 243(d) (PC 243(d)) is a wobbler offense, meaning it could be charged as a felony or a misdemeanor depending on the details of the crime and the history of the Defendant.
If charged as a misdemeanor, Aggravated Battery (PC 243(d)) can result in misdemeanor probation, up to one year in county jail, and fines up to $1,000.
If the Defendant is charged with a felony, the punishment for California Penal Code 243(d) (PC 243(d)) is probation, 2-3 years in county jail, and fines up to $10,000. Additionally, anyone convicted of a felony for Aggravated Battery (PC 243(d)) loses his/her right to own or possess a firearm.
Lastly, depending on the injuries inflicted on the Victim, additional punishment might be added to the convicted person’s sentence. If the jury and/or the Judge believe the Victim suffered great bodily injuries, the Defendant could face another 3-6 years in a California State Prison. In this case, the conviction would most likely be a felony.
Aggravated Battery Resulting in Serious Bodily Injury, under California Penal Code 243(d) (PC 243(d)), is a wobbler offense that can result in jail time and severe fines and in certain cases, increase to a more serious felony charge. It is essential that if you or someone you know is charged with Aggravated Battery, you contact an expert attorney as soon as possible.
For an experienced attorney on your side, Action Lavitch from Action Defense Lawyers is available 24/7 at (747) DEFEND U or (747) 333-3638. With a proven track record of Battery and Violence related cases and speaking both English and Spanish, Action Lavitch and the team from Action Defense Lawyers provide skilled legal representation and professional advice. Having an above 90% success rate for clients, Action Defense Lawyers is the go-to for those charged with California Penal Code Section 243(d) (PC 243(d)), Aggravated Battery Resulting in Serious Bodily Injury. Book a free consultation today.