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Understanding Battery with Serious Bodily Injury under California Law
Battery with serious bodily injury is a serious offense in the eyes of California law. The legal jargon used in the penal code for this crime can be overwhelming, but fear not. In this post, we will simplify the legal terms used to help you understand what the crime entails, its punishments, and defenses.
What is Battery with Serious Bodily Injury?
Battery with serious bodily injury is considered an aggravated battery under California penal code 243(d) PC. This offense transpires when one person touches another person in a harmful or offensive way, and as a result of the contact, the latter suffers serious bodily injury. There are several ways this crime can occur. It could be through a physical fight that results in the victim getting a concussion or a burglar breaking the arm of the car owner while stealing.
Punishments for Battery with Serious Bodily Injury
This offense is classified as a “wobbler” under California law, meaning it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, the offender may face a fine of up to $1,000 and up to a year in a county jail. Whereas, if charged as a felony, the offender may face two to four years in county jail and a fine of up to $10,000. The punishments for this offense are severe and could have serious consequences.
Defenses for Battery with Serious Bodily Injury
If you face a misdemeanor or felony charge for battery with serious bodily injury, it is crucial to have a good defense strategy. You can defend yourself by claiming that you acted in self-defense or in defense of others. You can also claim that the battery was an accident and not intentional. Lastly, you may argue that the injury was not serious.
We are Here to Help
Facing a criminal charge can be a daunting task. However, we are here to help you decipher the legal jargon and create defense strategies to get you out of legal trouble. Contact us today, and we will help you fight for your rights. With our help, you can be confident that you will get a positive outcome in your case.
Burglary is a severe crime in California law. It occurs when someone enters a property belonging to another person to commit a theft or felony. California Penal Code 459 PC is the main statute that governs burglary in California. In this article, we will provide you with a description of what constitutes a burglary, its punishments and defenses, and how our team of experts can help you out when facing charges for burglary.
What is Burglary Under California Law?
Under California law, burglary is defined as the entry into any building, structure, or vehicle belonging to another person, intending to commit grand or petty larceny or any other felony. “Entry” occurs when any part of one’s body or any tool used to commit the crime enters the building, even momentarily.
Punishments for Burglary in California
The penalties for burglary in California depend on the severity of the crime. If convicted of first-degree burglary, which involves breaking into an inhabited dwelling, one may face up to six years in prison. Second-degree burglary involves breaking into a commercial building or any structure other than a person’s abode. If convicted of second-degree burglary, one may face a maximum sentence of three years.
Defenses for Burglary
If you’re facing charges for burglary in California, it is essential to have a strong defense strategy. Common defenses for burglary charges include false accusations, lack of intent, and entry obtained through fraudulently obtained keys. Our experienced lawyers can help you navigate your case and develop defense strategies that work for you.
How We Can Help You
Being accused of burglary can be overwhelming, and the consequences of being convicted can be dire. Our team of experts can help you out by developing a strong defense strategy and representing you in court. We understand that every burglary case is unique and requires a unique approach. Our lawyers are well-versed with California’s burglary laws and know how to navigate the case to ensure a positive outcome.
Below is a table showing the main differences between First-Degree and Second-Degree Burglary.
| First-Degree Burglary | Second-Degree Burglary | |
| Punishment | Up to six years in prison | Maximum of three years |
| Description | Breaking into an inhabited dwelling | Breaking into commercial buildings, other structures besides homes |
Burglary is a grave crime in California, and the consequences for being convicted of such an offense can be dire. Our team of experts is ready to help you out with your case. If you or your loved one is facing burglary charges, do not hesitate to contact us today. We will help you develop a robust defense strategy that works for you and give you the possible outcome. So get in touch with us today and let’s fight for your rights together.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS