Penal Code 243(d) PC | Battery With Serious Bodily Injury
Being charged with battery causing serious bodily injury under California Penal Code 243(d) PC can be scary; the penalties if convicted are severe and it may feel like your life is falling apart. But take a deep breath – help is here. This article will walk you through exactly what battery with serious bodily injury is, typical penalties if convicted, possible defenses, and what to do if you or a loved one is charged.
What is Battery Causing Serious Bodily Injury?
Under California law, battery is any willful and unlawful use of force or violence against another person. Battery can range from relatively minor unwanted touching to severe beatings. Battery causing serious bodily injury, also called aggravated battery, refers to any battery that results in serious impairment of the victim’s physical condition.
To be convicted under PC 243(d), the prosecution must prove:
- You willfully touched another person in a harmful or offensive manner
- The victim suffered serious bodily injury
- You did not act in self-defense or defense of others
Serious bodily injury means significant or substantial physical injury like:
- Concussion
- Bone fracture
- Deep cut requiring stitches
- Loss of consciousness
- Disfigurement
Minor injuries like bruises, scrapes, or a black eye would not qualify. The injury must be objectively serious based on medical evidence.
Penalties for Battery Causing Serious Bodily Injury
Penal Code 243(d) PC is a wobbler offense, meaning it can be charged as either a misdemeanor or felony depending on the circumstances. Misdemeanor convictions face up to 1 year in county jail. Felony convictions face 2-4 years in state prison.
Fines up to $1000 (misdemeanor) or $10,000 (felony) may also be imposed. If convicted, you will also lose gun rights for 10 years (misdemeanor) or life (felony).
Defenses to Battery Causing Serious Bodily Injury
There are several legal defenses that a skilled criminal defense attorney may use to fight PC 243(d) charges:
- Self-defense – You acted in self-defense or defense of others against imminent harm.
- Accident – Any touching was accidental and you had no intent to harm the victim.
- No serious injury – The victim’s injuries do not meet the legal definition of serious bodily injury.
- Mistaken identity – You were misidentified and did not commit the battery.
An experienced attorney will carefully examine the evidence and build the strongest defense to avoid a conviction. They may be able to get the charges reduced or dismissed through effective negotiation or at trial.
What To Do If Charged With PC 243(d)
Being arrested for battery causing serious bodily injury can feel overwhelming. But remember – you have rights. Here are some steps to take:
- Remain silent and politely decline to answer any questions until you have legal counsel.
- Do not try to explain or make excuses – anything you say may be used against you.
- Hire an experienced criminal defense lawyer as soon as possible.
- Follow your attorney’s advice exactly – they know how to build the best defense.
- Attend all court dates and meetings with your lawyer.
With an aggressive legal defense, many battery charges can be reduced or dismissed pre-trial. But outcomes are very fact-specific, so consult with a lawyer right away.
If you or a loved one has been arrested for battery causing serious bodily injury in California, remain calm and call an attorney immediately. The right defense can make all the difference in avoiding a conviction and preserving your future.