Battery Causing Serious Bodily Injury – California Penal Code 243(d) PC
The crime of 'battery' under California Penal Code 242, often described as offensive touching, can lead to serious legal consequences. If you physically touch someone without their consent, you could be found guilty of PC 242 battery. However, when this non-consensual touching results in serious injuries to a victim, the stakes are raised. You could be charged with the more severe 'battery causing serious bodily injury' under California Penal Code § 243(d).
A Penal Code 243(d) violation is also commonly known as “aggravated battery,” which means the crime is more serious than a “simple” battery.
It's crucial to understand that the primary difference between a simple Penal Code 242 battery and a Penal Code 243(d) aggravated battery is the level of injury that an alleged victim sustained. Both types of battery convictions can lead to severe legal consequences that can significantly impact your future opportunities.
Our Los Angeles criminal defense lawyers have provided an overview below to help readers better understand aggravated battery charges under Penal Code 243(d).
What is Considered a Serious Bodily Injury?
Typically, a primary argument in a Penal Code 243(d) aggravated battery case is whether a victim's injuries qualify as a “serious bodily injury.” A serious bodily injury is described as any serious impairment to a victim's physical health.
It should be noted that there is no requirement that an injured victim has to receive some type of medical treatment in order to define an injury as serious. Many types of injuries can qualify as serious, such as broken bones, concussions, serious wounds, disfigurement, and more.
In the end, whether or not an injury is “serious,” as defined under Penal Code § 243(d), is a fact-based question that has to be determined on a case-by-case basis. This means the final decision on whether there was a serious bodily injury issue has to be committed to the judgment at a jury trial.
This often leads to different results. There can be aggravated battery cases with no broken bones or a loss of consciousness, etc. However, a jury can still find a defendant guilty after deciding a serious bodily injury occurred.
On the flip side of this argument, there are aggravated battery cases where a victim sustained injuries that would seem obvious to qualify as serious, such as serious cuts needing stitches. Still, a jury will acquit the defendant after they decided there was insufficient evidence of a serious bodily injury.
Great Bodily Injury (GBI) Enhancement
The level of injury issues can become more complicated in felony aggravated battery prosecutions where there is an additional allegation that the victim sustained a great bodily injury (CALCRIM 3160).
A great bodily injury is a distinct theory from a serious bodily injury. It means you might face an additional criminal sentence enhancement for a felony aggravated battery. However, a jury will first need to determine that a victim suffered “great bodily injury” that is defined under Penal Code 12022.7 PC.
As stated, “great bodily injury” differs from “serious bodily injury.” A great bodily injury is described as a significant or substantial physical injury.
It's important to note that a serious bodily injury, as defined under Penal Code § 243 (d), is a lesser standard than a great bodily injury. Not all cases of Penal Code § 243(d) battery causing serious bodily injury will involve a situation where it was found to have caused a great bodily injury.
Recall the description of a great bodily injury, which is commonly defined as a significant or substantial physical injury. In general, a great bodily injury is a higher standard than a serious bodily injury. It's also another fact-based decision that has to be decided by a jury at trial.
Suppose the jury decides a victim's injuries rose to the level of great bodily injury. In that case, there is an additional three to six years in a California state prison, along with a sentence received for being convicted of violating Penal Code 243(d), aggravated battery.
Penalties for PC 243(d) Aggravated Battery
Penal Code 243(d) battery causing serious bodily injury (CALCRIM 925) is another famous “wobbler” crime that can be charged as either a misdemeanor or a felony offense. If convicted of a PC 243(d) misdemeanor, the penalties are a maximum of one year in county jail, a $1,000 fine plus penalty assessments, or both.
If convicted of a PC 243(d) felony, the penalties are severe. You could face a maximum of two, three, or four years in California state prison, a $10,000 fine plus penalty assessments, or both. This is a significant consequence that underscores the seriousness of the charge.
It should be noted that a felony conviction for battery causing serious bodily injury will also result in loss of gun rights. As stated, in a felony case, if a great bodily injury enhancement is found true by the jury, a defendant could receive an additional three to six years in a California state prison.
Some California offenses are related to Penal Code 243(d) battery causing serious bodily injury, including:
- Penal Code 240 – Assault
- Penal Code 242 – Simple Battery
- Penal Code 243(e)(1) – Domestic Battery
- Penal Code 243.4 – Sexual Battery
- Penal Code 243(b) – Battery of a Police Officer
- Penal Code 245(a)(1) – Assault with Deadly Weapon
- Penal Code 273.5 – Corporal Injury to Spouse
- Penal Code 368 – Elder Abuse
Fighting Penal Code 243(d) Aggravated Battery Charges
Our Los Angeles criminal defense lawyers are well-versed in fighting charges of battery causing serious bodily injury. We can employ a range of common defenses to protect your rights and ensure a fair trial.
This includes self-defense or defense of others, by which we make an argument you only reacted to the alleged victim's initial aggression with reasonable force to protect yourself or someone else from imminent bodily injury or death.
Also, specific to the Penal Code Section 243(d) case, we might be able to argue that even though you committed an assault, the victim's injuries were not “serious.” If successful, this could result in the charges being reduced to a simple battery under Penal Code § 242, which carries significantly lower penalties at sentencing.
A Penal Code § 243(d) violation for battery causing serious bodily injury is a serious charge, especially if the case is filed as a felony offense and where there is a great bodily injury enhancement allegation. It's quite possible to face state prison time if convicted.
If you were charged with battery causing serious bodily injury, a violation of Penal Code § 243(d), contact our Los Angeles criminal defense lawyers to review the case and options. We can discuss the steps to improve the chances of a favorable outcome, including prefiling intervention.
Cron, Israels & Stark is an experienced team of criminal defense attorneys located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025.
We also have an office located at 401 Wilshire Blvd #1200, Santa Monica, CA 90401. Contact our law firm for a free case evaluation at (424) 372-3112.