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.
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.
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:
Aggravating factors, such as the use of a weapon or the age or disability of the alleged victim, elevate charges even further.
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.
When facing battery with serious bodily injury charges, several defense strategies and resolutions may be available:
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.
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.
California’s Three 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.
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.
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.
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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.”
