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If you or a loved one are facing charges of battery causing serious bodily injury in Chula Vista, it’s essential to have a criminal defense attorney on your side. At David P. Shapiro Criminal Defense Attorneys, we have extensive experience defending clients accused of violent crimes, including aggravated battery. We understand the stress and uncertainty you may be feeling, and we’re here to provide the knowledgeable guidance and representation you need to protect your rights and future.
Under California Penal Code 243(d), battery causing serious bodily injury is a more severe form of the crime of battery. While a simple battery involves any willful and unlawful use of force or violence against another person, battery with serious bodily injury requires that the physical force used results in a significant or substantial physical injury to the victim.
Some examples of injuries that may be considered “serious bodily injury” include:
It’s important to note that the injury does not have to be permanent to be considered “serious” under the law. The key factor is the severity of the injury at the time it was inflicted.
In California, battery is a separate crime from assault. While assault involves an attempt to use force or violence against another person, battery requires the actual use of force or violence. In some cases, prosecutors may charge a defendant with both assault and battery if there was both an attempt to use force and the actual use of force.
Battery causing serious bodily injury is a “wobbler” offense in California, which means it can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant’s criminal history.
If charged as a misdemeanor, battery with serious bodily injury carries the following potential penalties:
If charged as a felony, the potential consequences are much more severe:
In addition to these court-ordered penalties, a conviction for battery causing serious bodily injury can have long-lasting collateral consequences, such as:
With so much at stake, it’s crucial to have a strong defense strategy and an experienced attorney fighting for your rights.
Just because you’ve been charged with battery causing serious bodily injury doesn’t mean you’ll be convicted. There are several potential defenses that a skilled criminal defense lawyer can raise on your behalf, depending on the specific facts of your case.
Some common defense strategies in battery cases include:
If you used force against another person because you reasonably believed it was necessary to protect yourself or someone else from imminent harm, you may have a valid self-defense claim. However, the force used must be proportionate to the threat faced.
If the alleged victim consented to the physical contact or you were both willingly engaged in a fight, this may negate the battery charge. However, you cannot legally consent to force likely to cause serious bodily injury.
To convict you of battery with serious bodily injury, the prosecution must prove beyond a reasonable doubt that the injury inflicted was significant or substantial. If there is insufficient medical evidence or the injuries are not severe enough to meet this standard, your attorney can argue that you should only face simple battery charges.
In some cases, the alleged victim or witnesses may have misidentified the perpetrator, or someone may have falsely accused you out of anger, jealousy, or a desire for revenge. Your attorney can challenge the credibility of the accusations and present evidence of your innocence.
If the police violated your constitutional rights during the arrest or investigation, such as by conducting an illegal search or failing to read your Miranda rights, your attorney can file a motion to suppress any illegally obtained evidence. This can significantly weaken the prosecution’s case against you.
Even if the evidence against you is strong, an experienced criminal defense lawyer can often negotiate with the prosecutor for a reduction in charges or a more lenient sentence. This may involve pleading guilty to a lesser offense, such as simple battery, in exchange for the dismissal of the serious bodily injury allegation. Your attorney can also advocate for alternative sentencing options, such as probation, community service, or anger management classes, instead of jail or prison time.
At David P. Shapiro Criminal Defense Attorneys, we have a deep understanding of the legal defenses available in battery cases and know how to build a compelling case on your behalf. We’ll thoroughly investigate the allegations, gather evidence to support your defense, and work tirelessly to achieve the best possible outcome in your case.
Facing battery with serious bodily injury charges can be a daunting and stressful experience, but you don’t have to go through it alone. When you choose David P. Shapiro Criminal Defense Attorneys to represent you, you’ll have a dedicated team of skilled legal advocates on your side.
Here are some of the ways our attorneys can help with your battery case:
To learn more about how we can help with your specific case, contact our office today for a no-obligation consultation.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Here’s what you need to know to regain control of your future
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
Yes, even if the other person initiated the physical altercation, you can still face battery charges if you responded with unlawful force. However, if you acted in reasonable self-defense or defense of others, this may provide a legal justification for your actions.
If the prosecution cannot prove beyond a reasonable doubt that the injuries inflicted were significant or substantial enough to qualify as “serious bodily injury,” this can be a strong defense against the enhanced charges. An experienced attorney can challenge the severity of the injuries and argue for reduced charges.
A skilled criminal defense lawyer can investigate the allegations, identify weaknesses in the prosecution’s case, and develop a tailored defense strategy based on the unique facts of your case. They can also negotiate with prosecutors for reduced charges or alternative sentencing, file motions to suppress illegally obtained evidence, and advocate for your rights in court.
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“I have used David 2 times in the past and he has by far exceeded my expectations. He has great knowledge and knows the system. He is straight forward and honest and somebody you can trust without doubt. I would recommend him to friends, family, and anybody that needs help. Best attorney I’ve ever come across.”
“Stefano Molea was extremely professional and consistently timely with responses to my questions. Most of all, Stefano was reliable. Stefano was diligent with discovery and always prepared and tenacious when relevant to the situation. Stefano is an attorney that you can count on for the best outcome. Thank you Stefano for all you did in my case. You’re so awesome!!!!”
“Ally was an absolute pleasure to work with. Her calm and reassuring demeanor was matched with her excellent knowledge, dedication, thoroughness. We unfortunately found ourselves in need of a criminal lawyer and we can without a doubt say that having Ally and her firm represent us from the beginning was the best choice we could have made.”
