In California, a battery charge becomes far more serious when it involves significant injury. These cases demand a defense that’s equally serious. At David P. Shapiro Criminal Defense Attorneys, we don’t just represent you – we stand with you.
Our approach combines deep legal knowledge with a genuine understanding of what you’re facing. We collaborate with you to build a defense based on your goals, so you always know where you stand and what to expect next.
When your future is on the line, you need a team that’s dedicated to your defense. Contact us today to schedule a consultation.
California Laws on Battery with Serious Bodily Injury
Battery is defined as the willful and unlawful use of force or violence against another person under California law.
However, when a battery causes serious bodily injury, it’s considered a more severe offense with much harsher potential penalties under Penal Code section 243(d).
If convicted of a serious bodily injury offense, you may face:
Furthermore, the long-term consequences of a conviction include difficulty finding employment, housing, and personal relationships.
That’s why it’s important to have David P. Shapiro Criminal Defense Attorneys advocate for your rights immediately after being accused of causing serious bodily injury.
What Constitutes Serious Bodily Injury?
Serious bodily injury is any significant or substantial physical injury from a battery.
This act sets it apart from simple battery, which only involves the unlawful touching of another person.
The following injuries usually trigger prosecutors to file serious bodily injury charges:
Broken bones
Concussions
Disfigurement
Wounds requiring extensive suturing
Injuries resulting in prolonged loss of consciousness
Aggravating factors, such as the use of a weapon or the age or disability of the alleged victim, elevate charges even further.
Difference Between Assault and Battery
While the terms “assault” and “battery” are often used interchangeably, they are distinct crimes under California law.
California defines assault as an unlawful “attempt” (and present ability) to commit a violent battery on another person. In other words, assault is the threat of violence, while battery is the actual use of force or violence.
Sometimes, the state may charge an individual with both assault and battery.
For example, if someone threatens to hit another person (assault) and then follows through with the threat (battery), they could face charges for both crimes and serious bodily injury penalties, when applicable.
It’s important that you understand the specific charges you’re facing and the potential consequences of a conviction.
Potential Defenses Available for Battery With Serious Bodily Injury Charges
When facing battery with serious bodily injury charges, several defense strategies and resolutions may be available:
Right to Trial: Exercising your constitutional right to have your case heard before a jury.
Self-Defense or Defense of Others: Arguing your actions were necessary to protect yourself or others from imminent harm.
Lack of Intent: The state must prove that you intended to use force or violence, even if you did not intend to cause serious injuries. Intent issues are often complex in battery cases. For example, if you were acting in self-defense or defense of others, you may have used force intentionally but with a legal justification. In other cases, the injury may have been accidental or unintended.
Mistaken Identity or False Accusation: Showing you were wrongly identified or falsely accused.
Insufficient Evidence: Challenging the prosecution’s ability to prove all elements of the crime beyond a reasonable doubt.
Plea Agreements: In some cases, negotiating with prosecutors for reduced charges or sentencing may be an option. While we can advise you on potential plea offers, the decision to accept or reject any agreement always remains entirely yours.
The effectiveness of these strategies depends on your specific case. We will review your case, advise you on your options, and support whatever course of action you choose to pursue.
Protect Your Rights – Schedule a Consultation Today
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
Charged with a crime in San Diego? Wondering how the case will affect your reputation, career, and freedom? Trying to figure out what comes next? Look no further! David’s book addresses common misconceptions and mistakes made by those charged with a crime in San Diego. Some of the chapters include topics such as:
What Our Clients Say About Their Experiences With Us
—ANTONIO G.
“I came to David Shapiro to end my probation early and expunge my case. I had a very positive and very informative experience with him. David and his assistant Maria were excellent and always kept in the loop of what was going on.”
—ERIN T.
“Helping good people get their lives back is not just a catch phrase. They mean what they say and are serious about taking care of the client. Ally Keegan and the team at Law Office of David Shapiro are AMAZING! My charges for a 25 plus year old case were dismissed, it was not easy but I truly believe that if I had went with any other Law Firm that the outcome would have been very different. Thank you Ally for helping me get my life back!”
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“I called many lawyers after I got my DUI. Stefano was the only lawyer who put my mind at ease and gave me a sense of relief. He constantly communicated with me about my case and laid out all my options. He was willing and able to do whatever he could to help me. He went above and beyond what was expected.”
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“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.”
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.
How does the Three Strikes Law impact serious bodily injury cases?
California’sThree Strikes Law poses significant consequences for individuals convicted of serious bodily injury. If a person has a prior conviction for a serious or violent felony and is subsequently convicted of another serious or violent felony, they may face enhanced penalties, including substantial time in prison. Your San Diego criminal defense attorney will help you understand potential impacts and develop a strategy to minimize the consequences.
Can battery with serious bodily injury be charged as a misdemeanor?
The state may charge a battery with serious bodily injury as a felony. However, in some instances, prosecutors may charge it as a misdemeanor, depending on the specific circumstances of the case and the accused’s criminal history.
What should I do if I am accused of battery with serious bodily injury?
If you are accused of battery with serious bodily injury, you must seek legal representation immediately. Avoid discussing your case with anyone other than your attorney, and do not post about the incident on social media. Your attorney will advise you on the best action to protect your rights and build your defense.