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When it comes to California penal code, the actual letter of the law is often going to be complicated, if not convoluted. While the mountain of legalese you’re often going to contend with when you deal with the law can seem like a daunting task to handle, that doesn’t mean that it has to be that way. So in this post we’re going to break down the actual terms that are used in the law, figure out what the punishment for this particular crime is, and lay out some of the defenses that you can use to help yourself when dealing with this kind of charge. Let’s go ahead and start with what the law itself says when it comes to battery with serious bodily injury.
Battery with Serious Bodily Injury
This all applies under California penal code 243(d) PC, which is an aggravated battery. This charge happens when someone touches someone else in a harmful or else offensive way, and the person who’s been touched then goes on to suffer what’s considered a serious bodily injury as a result of this. This could happen through something like a fight, like if someone pushed someone else and caused that person to get a concussion, or if in the process of burglarizing a car, the burglar did something like break the arm of the car’s rightful owner. There are plenty of other ways this crime can occur, of course, but these are just a few of the possible examples that can occur. Now that we’ve figured out what the charge is exactly, let’s get into the actual punishment for this charge.
Punishment for Battery with Serious Bodily Injury
This charge has the funny moniker of “wobbler,” which basically means that under California law it can be charged as either a misdemeanor or a felony. Now if you’re facing the misdemeanor version of the charge, you’re facing up to a year in county jail and/or a fine of up to $1,000. The felony version of this crime is charged with two to four years in county jail, and a fine of up to $10,000. While the misdemeanor charge isn’t quite as serious as the felony charge, you’re still not going to want to face the consequences of it. So with that in mind, we’re going to dive into some of the potential defenses that exist when it comes to battery with serious bodily injury.
Defenses of Battery with Serious Bodily Injury
Now that we’ve established the seriousness of having this charged leveled against you, we’re going to want to look into some of the potential defenses you can use to get yourself out of legal trouble with this charge, whether it’s the misdemeanor version or the felony one. So, as far as legal defenses go, you can go ahead and use the defense that you acted either in self defense or in the defense of others. You can also claim that the so-called battery with serious bodily injury was in fact an accident. Lastly, you can claim that the injury involved wasn’t actually serious.
We can and will help you out.
As you can see, just because the letter of the law can seem confusing doesn’t mean it has to be. When you break the legalese down into simple terms, everything becomes that much easier to digest. So if you’re facing legal problems or think that you might be facing legal problems in the future, you’d be best off getting in touch with us today. It just might be the best thing you do today.